On Use of Air Space of the Republic of Kazakhstan and Aviation Activity

The Law of the Republic of Kazakhstan dated 15 July 2010 No. 339-IV.

      Unofficial translation
      Note of RCLI!
      The order of enforcement of this Law of the Republic of Kazakhstan see Article 111

      This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and the aviation activities and determines the procedure for the use of airspace and aviation activities in order to protect human life and health, environment, the interests of the state, ensure the safety of aircraft operations and meet the needs of the economy of the Republic Kazakhstan, individuals and legal entities in aviation services.

      Footnote. Preamble in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 1. GENERAL PROVISIONS Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used:

      1) accident rescue operations – the set of measures, oriented to well-timed rendering of assistance to those suffering distress or distressed;

      2) air company – a legal entity, who has certification of air operator of civil aerial vehicles;

      3) air route certificate – the document to the right of use of aviation route for performance of regular flights;

      4) aviation – all types of organizations, the activity of which is oriented to creation of conditions and use of the air space by a human using the aerial vehicles;

      5) aviation works – the specialized operations, performed by the air operator with the use of civil aerial vehicles on behalf of other individuals and (or) legal entities;

      6) aviation security - protection of civil aviation from the acts of unlawful interference, which is achieved by implementing a set of measures and attracting human and material resources;

      6-1) review of the state of aviation security - an assessment of security needs, including identification of vulnerabilities that can be used to commit an act of unlawful interference and development of recommendations for corrective actions;

      7) aviation activity – all types of activity, oriented to creation of conditions and use of the air space by a human using the aerial vehicles;

      8) aviation services – the services of civil aviation, linked with organization and ensuring of airborne transportation of passengers, luggage, cargo, postal matters and with performance of aviation works for payment or on hire;

      9) illegal interruption in aviation activity – unlawful act encroaching on safe aviation activity, entailed misfortunes with people, financial damage, despoliation or hijacking of aerial vehicle or created the threat of ensuing of such consequences;

      10) aviation route - air route or set of geographical descriptions of ground surface, above which their communication between the points of air carriage shall be carried out;

      10-1) aviation medical center - a legal entity that performs medical examination in the field of civil aviation;

      10-2) certificate of aviation medical center - the document of the established form, certifying compliance of the aviation medical center with the certification requirements;

      10-3) aviation medical expert - an individual who has a certificate of an aviation medical expert who participates in ensuring safety of flights by conducting a medical examination;

      10-4) certificate of an aviation medical expert - the document of the established form that gives the aviation medical expert the right to conduct medical examination and issue a medical certificate;

      11) aviation training centre – a legal entity, carrying out the training, re- training and maintenance of professional level of aviation personnel;

      12) aviation training centre certification – the standard type document, certifying the conformity of the aviation educational organization to certification requirements;

      13) certification of maintenance operations and repair of aviation equipment – the standard type document, certifying the conformity of the organization on maintenance operations and repair of aviation equipment to certification requirements;

      14) aviation personnel – individuals, who have the specialized and (or) professional training, carry out the activity on performance and operation of flights of aerial vehicles, airborne transportations and aviation works, maintenance operations of aerial vehicles, organization of air traffic maintenance, air traffic control;

      14-1) aviation hub - is an air transport hub airport having the necessary infrastructure for arranging connecting flights, which is used by airlines as an intermediate point for delivery of passengers, luggage, postal items and cargo to the destination point;

      15) aerodrome section of the road – particular section of the road, authorized by the body in the scope of state aviation, used for takeoff and landing of aerial vehicles of the state aviation upon deciding official and military tasks and tasks of battle training;

      16) authorized body in the scope of civil aviation – the central executive body, carrying out the management in the field of use of the air space of the Republic of Kazakhstan and activity of the civil and experimental aviation;

      16-1) international organizations in the field of civil aviation - international organizations that carry out activities in the field of civil aviation and adopt aviation regulations aimed at ensuring security, regularity, efficiency and regulation of other air transport issues;

      17) aeronautical standard of the international organization in the scope of civil aviation – the requirement, regulating organization and carrying out particular aspects of activity of the civil aviation, accepted by the international organization in the scope of civil aviation;

      18) organization of civil aviation – a legal entity, carry out the activity in the scope of civil aviation;

      19) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      20) air operator certification of civil aerial vehicles – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of the air operator to the Rules of certification procedure of air operators of the civil aerial vehicles and certification requirements;

      21) state registration certificate of civil aerial vehicle – the standard type document, issued by the authorized body in the scope of civil aviation and confirming the entry of the civil aerial vehicle in the public register of civil aerial vehicles of the Republic of Kazakhstan;

      22) air worthiness certification of civil aerial vehicle – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of civil aerial vehicle to the air worthiness standards;

      23) aerial vehicle suffered disaster – the aerial vehicle, received serious damage upon taxiing operation, flying-off, landing or crashing or fully destroyed, as well as the aerial vehicle committed unscheduled landing beyond the aerodrome;

      24) aerial vehicle suffering disaster – when an aerial vehicle or people on board are threatened by immediate danger or when radio communication is lost and location of this vehicle is unknown;

      25) flights of specific importance – the status assigned by the state bodies, authorized by the Government of the Republic of Kazakhstan on flights of aerial vehicles, as well as on route (flights) of their travel during airborne transportation of protected persons of the Republic of Kazakhstan;

      26) flying club – the legal entity that use the aerodrome (helicopter aerodrome), airport on the basis of property or other legal basis and carry out the activity of air operators of general aviation in cases, provided by this Law;

      27) aeronautical information – information, received in the results of collection, analysis and processing of data for the purpose of flight operations of aerial vehicles, air traffic maintenance and air traffic control;

      28) aeronautical information document – the document that contains information, and has significant importance for flight operations, air traffic maintenance and air traffic control, approved and published in the established manner;

      28-1) aeronautical service – the complete services, linked with air traffic maintenance, operation of radio equipment and means of communication, meteorological and search and rescue flight operations, provision of aeronautical information;

      29) aeronautical organization – the organization of civil aviation, carrying out air traffic maintenance and transfer of required meteorological information to the board of aerial vehicle, provision of aeronautical information for air space users and operation of radio equipment and means of communication;

      29-1) certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization – the standard type document, certifying the conformity of air traffic support body and (or) radio equipment and communications operation service of aeronautical organization with certification requirements;

      30 aerodrome – particular region of ground or water surface (including buildings, constructions and equipment), intended fully or partially for arrival, departure and movement of aerial vehicles over this surface;

      31) aerodrome (helicopter aerodrome) air worthiness certification – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of an aerodrome (helicopter aerodrome) to the standards of their operational suitability;

      32) aerodrome environs – the territory of ground surface with the centre in aerodrome check point and with the radius, determined by the authorized bodies in the scopes of civil and state aviation;

      33) aerodromemeteorological body – the service, located on aerodrome, intended for meteorological support of flights of aerial vehicles;

      34) aerodrome traffic – the traffic of aerial vehicles and means of transport on the maneuvering area of an aerodrome, as well as flights of all aerial vehicles in the region of aerodrome;

      35) aerodrome check point – the check point, determining the geographic location of an aerodrome;

      36) airport – the complex of constructions, intended for receipt and departure of aerial vehicles, service of airborne transportation and having an aerodrome, airport terminal, other required constructions and equipment for these purposes;

      37) airport activity – the activity, carried out by individuals and (or) legal entities in airports, linked with provision of airborne transportations, aviation works, flight operating safety and aviation security;

      38) certification of organization on inspection by the service of aviation security of airport – the standard type document, certifying the conformity of organization of inspection by the service of aviation security of airport with certification requirements;

      39) control zone of airport – the working area of airport, aerodrome, objects of aeronautical flight operations and the territory, adjoining to them, outbuildings, constructions, storage facilities, the access to which shall be controlled by the service of aviation security;

      40) aerial vehicle – the apparatus, maintained in the atmosphere due to its interaction with air, excluding the interaction with air, reflected from the ground (water) surface;

      41) a carrier – the air carrier who shall deliver all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) with crew team for one or several flights for a valuable consideration to the other party (freighter) in accordance with the contract of affreightment (charter) for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;

      42) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      43) a freighter – the individual or legal entity, concluded the contract of affreightment (charter) with air carrier (carrier) on transfer of all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) in use with crew team for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes;

      44) maximum certified takeoff weight of aerial vehicle – the maximal acceptable takeoff weight of aerial vehicle, mentioned in the type certification or air worthiness certification of civil aerial vehicle;

      45) flight of aerial vehicle – the movement of aerial vehicle on ground (water) surface and in air space from the beginning of takeoff roll (lift-off from the ground or water surface during vertical takeoff) until the end of roll operation (release of the flight strip without a stop) or wheels-on of the ground (water) surface during the vertical landing;

      46) use regime of air space – temporary procedure for use of particular elements of the structure of air space of the Republic of Kazakhstan, established for carrying out activity, requiring the specialized organization of use of the air space;

      47) air traffic – the movement of aerial vehicles, being in flight and on the maneuvering area of an aerodrome;

      48) air traffic maintenance – the inflight and information service, alarm reporting, dispatching service of air traffic (region dispatching service, approach dispatching service or aerodrome dispatching service);

      49) air traffic support body – the body of dispatching service of air traffic, centre of flight information or report centre, concerning the air traffic maintenance by the aeronautical organization;

      50) air traffic control – the complex process of planning, coordination, flight operations, immediate air traffic control of aerial vehicles on the ground and in the air, as well as control for compliance with established regime of flights and procedure for use of the air space;

      51) air traffic control body – the control centre or control unit of the state aviation, carrying out the control of air traffic within its competence and in the zones and regions, established for it;

      52) airborne transportation – the activity of individuals and legal entities on transportation of passengers, luggage, cargo and postal matters through the aerial vehicles;

      53) air path – the air space in the form of corridor intended for flights of aerial vehicles and equipped by aeronautical equipment;

      53-1) contract of affreightment (charter) – the contract of carriage (freight) according to which, a lessor (carrier) shall be obliged to assign all the seat capacity or part of the seat capacity of one aerial vehicle (or several aerial vehicles) to a lessee (freighter) for a valuable consideration for temporary possession and use for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;

      54) zone of responsibility – the air space of particular size in which the air traffic support body or control body of the air traffic carries out its functions;

      55) a passenger – an individual, not included to the composition of a crew team and transmitted on an aerial vehicle in accordance with the air carriage agreement or on the basis of other legal grounds;

      55-1) inspectorial breve – the act of individual nature, issued by the state aviation inspector following the results of state control and supervision to individuals and legal entities for elimination of detected violations;

      56) a member of cabin crew – a person, relating to aviation personnel that shall fulfill the obligations on the board of aerial vehicle, assigned to him (her) by an air operator or commander of aerial vehicle, but not being the member of flying crew on behalf of safety and for the purposes of passenger service and (or) transportation of cargos;

      57) commercial airborne transportation – the activity of legal entities on transportation of passengers, luggage, cargos and postal matters by the civil aerial vehicles or on hire in accordance with the air carriage agreement;

      58) State register of civil aerial vehicles of the Republic of Kazakhstan – the document, in which the state registration of civil aerial vehicles of the Republic of Kazakhstan, rights to them and transactions with them shall be made;

      59) air space of the Republic of Kazakhstan – the air space over dry land and water territory of the Republic of Kazakhstan, as well as over its territorial seas;

      60) Register of aerial vehicles of the state aviation of the Republic of Kazakhstan – the document in which the state registration of aerial vehicles of the state aviation of the Republic of Kazakhstan shall be made;

      60-1) irrevocable power – the power of an individual or legal entity, in favour of which the right to impose requirements for exclusion from the State register of civil aerial vehicles of the Republic of Kazakhstan (deregistration) and exportation of an aerial vehicle is given in accordance with the Minutes on aviation equipment to the Convention on international guarantees in relation to mobile equipment;

      61) danger zone – the air space of established sizes within which the activity, constituting the danger for flights of aerial vehicles may be carried out in particular periods of time;

      62) landing place – the plot of land, ice, water surface, surface of construction, as well as surface of floating structure intended for takeoff, landing, taxiing operation and parking stand of aerial vehicles;

      63) alternate aerodrome – the aerodrome on which the aerial vehicle may proceed in the case, if it is impossible or inadvisable to proceed on the aerodrome of planned landing or perform the landing on it;

      63-3) the body of control and supervision over state aviation activities - is the structural subdivision of the authorized body in the field of state aviation, which exercises state control and supervision over the state aviation activities;

      64) authorized body in the scope of state aviation – the central executive body, carrying out the management in the field of use of air space of the Republic of Kazakhstan and activity of the state aviation;

      65) meteorological information – the meteorological report, analysis, forecast and any other information, concerning the factual or expected meteorological conditions, intended for the users of air space;

      66) an air operator – an individual or legal entity, engaged in operation of civil aerial vehicles or rendering own services in this field;

      67) investigation – the process which includes collection and analysis of information, preparation of conclusions on aviation accidents or incident, including determination of its reasons and (or) contributing factors, and drawing up recommendations on safety ensuring, conducted for the purpose of its prevention;

      68) occasional flight (flight operation) – the flight (flight operation) that is not regular and performed for particular customer for the purpose of airborne transportation or without it;

      68-1) permanent supervision – the type of the state supervision for compliance with established requirements by individuals and legal entities, underwent certification procedure for the purpose of provision of safety aviation services to population;

      69) regular flight – the flight, performed in accordance with established and published schedule by the air company;

      70) forbidden zone – the air space of established sizes over the territory of the Republic of Kazakhstan within which the flight operations of aerial vehicles is prohibited without special permit;

      71) a helicopter – the aerial vehicle that is heavier than air which is maintained in flight generally due to reaction of the air with one or several lifting propellers rotating by the engine unit around the axes, being approximately in vertical position;

      72) helicopter aerodrome – the aerodrome or particular surface area on construction, intended fully or partially for arrival, departure and movement of helicopters over this surface;

      72-1) a single operator for provision of helicopter services - a legal entity that has the material and technical resources, aircraft and qualified personnel who is a subject of civil aviation;

      73) temporary aerodrome – the aerodrome, intended for flight operations of aerial vehicles in particular period of a year that does not have fixed structures and equipment, subject to registration in established manner;

      74) aircraft – the aerial vehicle that is heavier than air, put in motion by the engine unit, the ascensional power in which flight is created generally due to aerodynamic reactions on the surfaces, remained motionless in these conditions of flight;

      75) air worthiness - technical condition of aerial vehicle, conforming to the aircraft performance characteristics that provide its safety and flying quality;

      76) air worthiness standards –requirements to construction, parameters and flying qualities of aerial vehicles and their components, oriented to safety ensuring of flights;

      77) flight plan – particular information on planned flight or part of flight of aerial vehicle, represented by a pilot, crew team or air operator to the air traffic support bodies and (or) air traffic control bodies;

      78) flight operating safety – the complex of measures, ensuring safety conduct of flights whereby the risk of infliction of the harm to life or health of people or inflicting the harm to property is reduced to acceptable level and is maintained on this or lower level by continuous process of detecting the sources of danger and control of risk factors;

      78-1) flight tests – the flight, carried out for determination of characteristics of aerial vehicle, engine units, aviation and special equipment, weaponization and other aviation equipment, researches in the field of aerodynamics and strength of aerial vehicles, as well as their systems and (or) for determination of conformity of the civil aviation equipment to requirements of air worthiness;

      79) a member of flying crew – a person related to aviation personnel, having the valid aviation personnel certificate on which the obligations are imposed, linked with management of aerial vehicle within the flight time;

      80) restricted traffic area – the air space of established size over the territory of the Republic of Kazakhstan, within which the flights of aerial vehicles are restricted by particular conditions;

      81) typecertification – the document, confirming conformity of the construction with the form of civil aerial vehicle to the air worthiness standards;

      82) international airport – the airport ensuring the international airborne transportations in which the customs, border monitoring and sanitary and quarantine control is organized;

      83) international airborne transportation – the airborne transportation, upon performance of which the points of departure and destination independently from whether or not the suspension in transportation or transshipment located in:

      the territory of two and more states;

      the territory of one state, if the stop in the territory of another state is provided;

      84) temporary management of the airport by an air operator, admitted for carrying out of flights in international traffic – the mandatory conduct of the complex of administrative, legal, financial, organizational and technical and other measures and procedures in relation to air operator of the airport, admitted for carrying out flights in international traffic;

      85) international flight – the flight of aerial vehicle whereby the aerial vehicle crosses the border of the foreign state;

      85-1) search and rescue works – the complex of measures, conducted for the purpose of search and rescue of passengers and screw teams of aerial vehicles, suffered disaster, as well as search and provision of assistance to people upon emergency situations of natural and technogenic nature;

      86) a crew member – a person, relating to aviation personnel, intended for fulfillment of particular obligations on the board of aerial vehicle within the flight time;

      87) certificate of a crew member – the standard type document that shall be issued to crew members, maintenance personnel, ensuring technical support of flights, having valid aviation personnel certificates, and the personnel, ensuring safety of civil aerial vehicle in flight.

      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 2. Sovereignty of the Republic of Kazakhstan over the air space

      1. Full and exceptional sovereignty over the air space, located over dry land and water territory of the Republic of Kazakhstan and its territorial seas shall belong to the Republic of Kazakhstan.

      2. Air space of the Republic of Kazakhstan is the part of its state territory.

Article 3. Legislation of the Republic of Kazakhstan, regulating the use of air space of the Republic of Kazakhstan and aviation activity

      1. Legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 4. Scope of application of this Law

      The force of this Law shall apply to:

      1) users of air space of the Republic of Kazakhstan;

      2) state, civil and experimental aviation within the Republic of Kazakhstan;

      3) state and civil aerial vehicles of the Republic of Kazakhstan during their being beyond the boundaries of the Republic of Kazakhstan, unless otherwise provided by the Laws of the state of aerial vehicle’s stay.

Article 5. Right of property to aviation facilities

      Aerial vehicles, aerodromes, helicopter aerodromes, airports, technical means and other property, required for organization, performance, support and operation of flights of aerial vehicles may be in the state and (or) private property.

Article 6. Types of aviation

      1. Aviation of the Republic of Kazakhstan shall be divided into state, civil and experimental aviation.

      2. State aviation is the aviation, being under the supervision of the authorized body in the scope of state aviation, internal affairs bodies, Frontier Service of the National Security Committee of the Republic of Kazakhstan, as well as other state bodies under decision of the Government of the Republic of Kazakhstan and used for the purpose of defence, security of the state, protection of public order.

      3. Civil aviation shall be the aviation, not included in composition of experimental and state aviation, used for the purpose of:

      1) transportation of passengers, luggage, cargo and postal matters (airborne transportations);

      2) performance of aviation works;

      3) conduct of educational, sport, social activities, development of technical creativity;

      4) satisfying personal needs of an air operator of aerial vehicle;

      5) conduct of search and rescue and accident rescue operations, rendering of assistance in case of natural disasters;

      6) provision of aeronautical service;

      7) maintenance operations and repair of aerial vehicles;

      8) carrying out of the airport activity and (or) aerodrome (helicopter aerodrome) service;

      9) designing of aerodromes and objects of civil aviation.

      Civil aviation, used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, for a valuable consideration or on hire shall be considered as commercial aviation.

      Civil aviation being in ownership of individuals and (or) legal entities and used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, not for a valuable consideration and not on hire, as well as for the purposes, mentioned in subparagraphs 3) and 4) of this paragraph shall be considered as the general aviation.

      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than five thousand seven hundred kilograms, including helicopters with maximum certified takeoff weight less than three thousand one hundred and eighty kilograms shall be considered as light aviation.

      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than seven hundred fifty kilogram, other flight facilities and auxiliary units shall be considered as ultralight aviation.

      4. Experimental aviation shall be considered as the aviation, intended for conduct of design and experimental, experimental, research scientific works and tests in the field of aviation and other equipment.

Article 7. Application of standards and recommended practices of the International Civil Aviation Organization (ICAO), as well as the aviation regulations of other international organizations in the field of civil aviation

      Footnote. The title of Article 7 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. Application of standards and recommended practices of the International Civil Aviation Organization (ICAO) in the territory of the Republic of Kazakhstan is carried out through adopting the relevant normative legal acts provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, making the necessary changes and additions to them or indicating the references on the application of specific standards and recommended practices of the International Civil aviation organization (ICAO).

      Note by RCLI!
      Action 1 of point 2 provided in wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced from 01.01.2020).
      Note by RCLI!
      This wording of Action 1 of point 2 shall be in force until 01.01.2020 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI.

      2. On the territory of the Republic of Kazakhstan, the aviation rules of international organizations in the field of civil aviation are applied in coordination with the authorized body in the field of civil aviation.

      Separate requirements contained in the aviation rules of international organizations in the field of civil aviation may be included in the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      The operator of a civil aviation aircraft, the type of which is certified by the aviation authorities of a foreign state, has the right to apply the aviation rules of international organizations in the field of civil aviation in English.

      3. Aeronautical standards of international organizations in the scope of civil aviation shall not relate to regulatory documents on standardization, the regulation of which shall be carried out in accordance with the Legislation of the Republic of Kazakhstan for standardization.

      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); ; dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after its first official publication).

Chapter 2. STATE REGULATION, control and supervision IN THE FIELD OF USE OF THE AIR SPACE OF THE REPUBLIC OF KAZAKHSTAN AND AVIATION ACTIVITY

      Footnote. Title of chapter 2 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. State regulation in the field of use of the air space of the Republic of Kazakhstan and activity of the aviation

      1. The objectives of the state regulation of use of the air space of the Republic of Kazakhstan and activity of the aviation are:

      1) provision of safety use of the air space of the Republic of Kazakhstan by its users, flight operations without threat to life and health of people, environment, interests of the state;

      2) establishment of general principles of carrying out the activity, linked with use of the air space and flight operations;

      3) satisfying the needs of economics of the Republic of Kazakhstan and citizens in aviation services.

      2. State regulation of use of the air space of the Republic of Kazakhstan and aviation activity within own competence shall be carried out by the Government of the Republic of Kazakhstan, authorized bodies in the scopes of civil and state aviation.

Article 9. State control and supervision in the field of use of the air space

      1. State control and supervision in the field of use of the air space shall be carried out for the purpose of prevention and (or) termination, and (or) restraint of violation of the procedure for use of air space of the Republic of Kazakhstan.

      2. State control and supervision in the field of use of the air space shall be carried out in the manner, established by this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. State control and supervision of the aviation activity

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. State control and supervision of the activity of state aviation shall be carried out in order to comply with requirements, established by the legislation of the Republic of Kazakhstan in the scope of use of the air space and activity of the aviation.

      2. State control and supervision of the activity of civil, experimental and state aviation shall be carried out by the authorized bodies in the scopes of civil and state aviation.

      3. Procedure for exercising the state control and supervision over the state aviation activities in the matters of flight safety is determined by the authorized body in the field of state aviation.

      4. State control and supervision of the activity of civil and experimental aviation shall be carried out by the authorized body in the scope of civil aviation in the form of:

      1) inspections of civil aviation organizations, the procedure for which is determined by the Entrepreneurship Code of the Republic of Kazakhstan, except for the inspections provided for in subparagraph 2) of this paragraph;

      2) verifications for compliance of individuals and legal entities with safety requirements of the aerial vehicles’ flights and aviation security, procedure for conduct of which shall be determined by this Law;

      3) other forms of control and supervision, including the supervision and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security.

      5. Oversight and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security, as well as for the purpose of performance of recommendations following the results of investigation of aviation accidents and incidents shall be carried out on the basis of information, documents and materials, provided by individuals and legal entities to the authorized body in the scope of civil aviation in accordance with requirements of this Law.

      6. Following the results of verifications and other forms of control and supervision, the civil servants of the authorized body in the scope of civil aviation may draw up resulting documents (acts, inspectoral breves) and take enforcement actions, provided by this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10-1. Types of inspections for compliance by individuals and legal entities with flight safety requirements for aircraft and aviation security

      1. Inspections of individuals and legal entities for compliance with flight safety requirements for aircraft (hereinafter – flight safety) and aviation security are divided into the following types:

      1) selective;

      2) unplanned.

      A selective inspection shall be appointed by the authorized body in the field of civil aviation in respect of an individual or legal entity engaged in civil and (or) experimental aviation, aircraft and / or their components, equipment providing aircraft operations on the basis of a permanent surveillance program, approved by the authorized body in the field of civil aviation, in accordance with the risk assessment system and taking into account the established time intervals in relation to the previous inspections for the compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities and (or) the standards of the International Civil Aviation Organization (ICAO).

      An unplanned inspection is appointed by the authorized body in the field of civil aviation in respect of an individual or legal entity engaged in civil and (or) experimental aviation, aircraft and (or) their components, equipment providing aircraft operations, for compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities and (or) the standards of the International Civil Aviation Organization (ICAO).

      Depending on the purposes, selective and unplanned inspections are divided into the following types:

      1) inspection of an individual carrying out activities in the field of civil and (or) experimental aviation, including organization, preparation and performance of flights by such an individual;

      2) inspection of a legal entity carrying out activities in the field of civil and (or) experimental aviation;

      3) apron inspections of civil aircraft of foreign operators.

      2. Selective and unplanned inspections are carried out during the working hours of the inspected entity, established by the rules of the labor schedule, unless otherwise specified in part two of this paragraph.

      An unplanned inspection may be conducted after the working hours (at night, weekend or public holidays) in cases where it is necessary to suppress violations directly at the time of their commission.

      Footnote. Chapter 2 is supplemented by Article 10-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10-2. Activity, subject to control and supervision on safety ensuring of flights and aviation security

      The activity, subject to control and supervision on safety ensuring of flights and aviation security in the scope of civil and experimental aviation shall include:

      1) operation of aerial vehicles, performance of flights and preparation to them;

      2) air traffic maintenance;

      3) provision of aeronautical information;

      4) meteorological support of flights;

      5) maintenance operations of aerial vehicles;

      6) aerodrome flight operations;

      7) radio technical support of flights and aviation telecommunications;

      8) electric lighting operation of flights;

      9) ornithological operation of flights;

      10) training and re-training of aviation personnel;

      11) medical clearance, medical examination, organization of medical assistance to passengers;

      12) emergency and search and rescue support of flights;

      13) provision of civil aerial vehicles, objects and services of airport by fuel and lubrication materials and special liquids;

      14) provision of air operators of civil aerial vehicles and other consumers by the special vehicles and equipment;

      15) the activity, provided by paragraph 1 of Article 90 of this Law that may constitute a danger to the flight operating safety;

      16) aviation security precautions, provided by paragraph 2 of Article 105 of this Law.

      Footnote. Chapter 2 is supplemented by Article 10-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 11. Procedure for conducting inspections for compliance by individuals and legal entities with flight safety and aviation security requirements

      1. Inspections for compliance by individuals and legal entities with flight safety and aviation safety requirements are conducted by the authorized body in the field of civil aviation in accordance with the principle of necessity and sufficiency.

      2. Inspection is carried out by the state aviation inspector of the authorized body in the field of civil aviation (hereinafter - the state aviation inspector) using instructional material.

      3. Inspection is carried out on the basis of an order of the authorized body in the field of civil aviation to conduct an inspection, which specifies the person who carries out the inspection, the start and end dates for the inspection, as well as the data of the inspected individual or legal entity.

      4. State aviation inspectors, during inspection, must present an order to conduct an inspection and an official certificate. The beginning of the inspection is the moment when the inspected person receives a copy of the order to conduct the inspection.

      5. In case of refusal to accept a copy of the order to conduct an inspection or to prevent access to the objects and (or) materials necessary for the inspection to be made by the state aviation inspector conducting the inspection, a protocol is drawn up which is signed by the state aviation inspector conducting the inspection and by the person being inspected or his authorized representative.

      The inspected person has the right to refuse signing the protocol, giving a written explanation of the reason for the refusal. Refusal to receive an order to conduct an inspection is not the ground for canceling the inspection.

      6. Based on the results of the inspection, the state aviation inspector conducting the inspection shall draw up an act on the results of the inspection in two copies.

      The act on the results of the inspection shall specify:

      1) the date, time and place of drawing up the act;

      2) the name of the authorized body in the field of civil aviation;

      3) the date and number of the certificate of appointment of the inspection, on the basis of which the inspection was carried out;

      4) surname, name, patronymic (if it is indicated in the identity document) and the position of the person who conducted the inspection;

      5) the surname, name, patronymic (if it is indicated in the identity document) of the inspected individual or the name and requisites of the legal entity, and in the case of inspection of the civil aircraft of foreign operators - all individuals or entities inspected and other persons present at the time of the inspection;

      6) the date, place and period of the inspection;

      7) information on the results of the inspection, including on the violations detected, and their nature;

      8) information on familiarization or refusal to familiarize with the act of the inspected individual or legal entity, as well as persons present during the inspection, their signatures or a record of the refusal to sign;

      9) signature of the official who conducted the inspection.

      The inspected person has the right to appeal the results of the inspection to the authorized body in the field of civil aviation or to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      The act of the inspection results (if any) contains the conclusions of the conducted studies (tests), examinations and other documents or their copies related to the results of the inspection.

      7. If there are comments and / or objections to the results of the inspection, the person to be inspected shall state them in writing. Comments and (or) objections may be attached to the act on the results of the inspection, as indicated by a corresponding note.

      8. One copy of the act on the results of the inspection with copies of the annexes, with the exception of copies of the documents available in the original from the inspected person, shall be handed to the inspected person or his authorized representative for familiarization and taking measures to eliminate the violations identified and other actions.

      9. In the event that there are no violations of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and the aviation activities, an appropriate entry shall be made in the act on the results of the inspection during the inspection.

      Footnote. Article 11 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 12. Results of the state control and supervision on safety ensuring of flights and aviation security

      1. In case of detection of requirements violation of the legislation of the Republic of Kazakhstan in the field of use of air space of the Republic of Kazakhstan and aviation activity, the inspectoral breves shall be issued to individuals and legal entities on elimination of violations by the state aviation inspectors.

      In the case posing threat to flight safety and aviation security, the state aviation inspector shall issue an inspector’s precept requiring termination of the operation of the aircraft or certain actions of the inspected operator or civil aviation organization.

      2. Inspectoral breve shall be presented to individual or legal entity or their representatives personally or by other method, confirming the fact of departure and receipt.

      Last name, first name, patronymic (in its existence if any) of individual or the name of legal entity, date of issue of inspectoral breve, basis for directing the inspectorial breve, requirement on elimination of detected violations and terms of fulfilling the inspectoral breve, procedure for appeal shall be specified in inspectoral breve.

      3. The inspector’s precept, sent by postal mail by registered mail with notification or electronically via electronic communication channels ensuring a guaranteed delivery of messages, is considered to be served from the day the operator receives the notification of the receipt of the mail item by the addressee or after five working days from the date of sending the notification in electronic form.

      4. Inspectoral breve shall be compulsory for fulfillment by individuals and legal entities, carrying out the activity in the scope of civil and (or) experimental aviation.

      5. Non-fulfillment of inspectoral breve shall be the ground for suspension of the action or revocation of certification (certificate) for carrying out of the activity in the scope of civil and (or) experimental aviation and shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

      Inspectorial breves, issued by the state aviation inspectors may be appealed to superior civil servant or in court.

      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 12-1. Flight operating safety program of civil aviation

      1. The authorized body in the scope of civil aviation shall develop a program on flight operating safety in accordance with the standards of International civil aviation organization (ICAO), which shall:

      1) represent the management system of the flight operating safety in civil aviation in the field of civil aviation;

      2) establish effective integrity of international standards and recommended practice, linked with management system of the flight operating safety;

      3) oriented to achievement of the high level of risk management of the flight operating safety and permanent reduction of the quantity of aviation accidents and incidents.

      2. Flight operating safety program in civil aviation shall include:

      1) the policy and purposes in the field of safety at the state level;

      2) risk management, linked with the flight operating safety at the state level;

      3) safety ensuring of the civil aviation at the state level;

      4) promotion to development of the state aviation safety at the state level.

      Footnote. Chapter 2 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12-2. Civil aviation security program of the Republic of Kazakhstan

      The authorized body in the field of civil aviation, together with the state bodies participating in provision of aviation security in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO), develops the Civil Aviation Security Program of the Republic of Kazakhstan, which:

      1) provides protection of civil aviation from acts of unlawful interference by introducing certain rules, practices and procedures;

      2) implements the concept of aviation security;

      3) defines the policy, objectives and tasks in the field of aviation security;

      4) establishes requirements for protection of airports, aircraft and air navigation facilities from the acts of unlawful interference.

      Footnote. Chapter 2 is supplemented by 12-2 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 13. Competence of the Government of the Republic of Kazakhstan in the field of use of air space and activity of aviation

      The government of the Republic of Kazakhstan shall:

      1) develop main principles of the state policy in the field of use of air space and aviation activity;

      2) carry out international cooperation in the field of use of air space;

      3) determine the authorized bodies in the scopes of civil and state aviation;

      3-1) approve the program on flight operating safety in the scope of civil aviation;

      3-2) approve the program of simplifying formalities during international airborne transportations, representing the set of measures, designed for assistance of establishing the procedures for the purpose of simplifying formalities in the state aviation of the Republic of Kazakhstan;

      4) approve the Rules of use of air space of the Republic of Kazakhstan;

      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6) approve the Rules of organization and operation of the flights of special importance of the Republic of Kazakhstan;

      7) - 15-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      16) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      17) - 26) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      27) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      28) - 41) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      42) approve the Rules of issuing the permits for carrying out the activity that may constitute a threat to flight operating safety of aerial vehicles;

      43) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      44) approves the Civil Aviation Security Program of the Republic of Kazakhstan;

      45) - 51) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      52) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      53) approve the rules of tendering process to international air routes and issuance of international route certificates for rendering of services on transportation of passengers, luggage, cargos and postal matters;

      53-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      54) approve the Rules of subsidization of air routes;

      54-1) approve the rules of tendering process to subsidiary air routes and issuance of certificates to subsidiary air routes for rendering of services on transportation of passengers, luggage, cargos and postal matters;

      55) approve the Rules of aviation security of the Republic of Kazakhstan;

      56) approve the Rules of conducting the quality control for compliance with aviation security;

      57) adopt decision on admission of the airports to international flight operations of aerial vehicles;

      58) approve the special list of the civil servants of the Republic of Kazakhstan, transported on aerial vehicle, in relation to which the inspection shall not be carried out;

      59) approve the list of persons, serviced in the special designated rooms of the airports of the Republic of Kazakhstan;

      60) approve the list of hazardous substances and subjects, as well as all types of drugs, prohibited to transportation by passengers on the civil aerial vehicles;

      60-1) defines a single operator for provision of helicopter services;

      61) perform the other powers, imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 14. Competence of the authorized body in the scope of civil aviation in the field of use of the air space and aviation activity

      1. The authorized body in the scope of civil aviation within its competence shall:

      1) carry out the state regulation, state control and supervision of compliance of individuals and legal entities with the legislation of the Republic of Kazakhstan on use of the air space of the Republic of Kazakhstan and aviation activity and (or) with international standards;

      2) carry out implementation of the main principles of the state policy in the field of use of air space and activity of civil and experimental aviation;

      2-1) develops and approves instructional materials, and also issues airworthiness directives in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO);

      2-2) cooperates with the authorized body in the field of state aviation to establish and maintain a system of civil-military coordination in the organization of airspace use;

      2-3) maintains the State Register of Civil Aircraft of the Republic of Kazakhstan;

      3) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      4) approve the Rules of performing the flights in civil aviation of the Republic of Kazakhstan;

      5) approve the Instruction on organization and air traffic maintenance;

      6) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      7) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      9) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      10) carries out international cooperation with aviation authorities of foreign states and specialized international organizations, including by concluding bilateral agreements on cooperation, sharing experience and information related to civil aviation, as well as representation of the Republic of Kazakhstan in international civil aviation organizations;

      11) participate in conclusion of international treaties of the Republic of Kazakhstan in the scope of civil aviation;

      12) approve the Rules of issuance and grounds for refusal in issuance of permits for performance of international occasional flights;

      13) approve the Rules of retirement of aerial vehicles;

      14) approve the standard type instructions on flight operating safety management of the air operators of civil aerial vehicles, in the airports, upon air traffic maintenance, upon maintenance operation of aerial vehicles;

      15) approve the standard type programs of professional training of aviation personnel, participating in safety ensuring of flights;

      15-1) approves the testing rules for determining the level of proficiency in English used in radiotelephony communications;

      15-2) coordinate the programs of professional training of aviation personnel by the aviation training centres and organizations of civil aviation;

      16) issues a certificate of aviation personnel to a person belonging to the aviation personnel provided for in Annex 1 to the Convention on International Civil Aviation and related to aviation personnel of light and ultra-light aviation in accordance with the legislation of the Republic of Kazakhstan, for the right to carry out professional activities confirming that he has necessary knowledge and skills, as well as compliance of his health with the established requirements, prolongs the validity of the certificate, recalls, suspends the effect of such certificate, making qualification and special notes in the certificate;

      17) carries out certification and issuance of an operator certificate for civil aircraft, a license for the right to perform aviation works, a certificate of an aviation training center, a certificate of an organization for technical maintenance and repair of civil aviation machinery, a certificate of type, an aerodrome validity certificate (heliport), a certificate for organization of inspection by the airport security service, the export certificate of airworthiness of aircraft, air navigation service provider certificate, aviation medical center certificate;

      18) makes changes and additions to the acting certificates (licenses for the right to perform aviation works) issued by the authorized body in the field of civil aviation, refuses to issue certificates (licenses for the right to perform aviation works), recalls, suspends certificates (licenses for the right to perform aviation works) if the owners do not comply with certification requirements;

      19) issues a license for the right to perform flights to the general aviation operator, and also recognizes, modifies, restricts, suspends or recalls the license for the right to perform flights of the general aviation operator;

      19-1) carries out accreditation of foreign carriers planning regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan);

      19-2) involves non-profit organizations that unite the operators of aircraft in the cases established by this Law;

      20) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      21) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      22) approve the Rules of appropriation of time intervals for maintenance of aerial vehicles in the airports of the Republic of Kazakhstan;

      23) approve the schedule of regular flights of foreign air carriers, as well as Instruction on approval of the schedule of regular flights of foreign air carriers on international air routes of the Republic of Kazakhstan;

      24) approve the Instruction of calculating self-cost of the flight hour upon performance of the flights on subsidiary routes;

      25) approve the list of hazardous cargos, intended for transportation by civil aerial vehicles;

      25-1) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      25-2) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      25-3) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      26) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      27) carries out coordination of programs on maintenance of aviation safety of the airport and operators of civil aircrafts of the Republic of Kazakhstan and foreign states that perform regular flights to the airports of the Republic of Kazakhstan, the provider of air navigation services;

      28) carry out the coordination of the activity in the field of aviation security between interested state bodies, shall assist to the state bodies in investigation of the acts of unlawful interference in the activity of civil aviation, shall work out the measures on their prevention;

      29) approve the types and forms of passes for the right of passage, transit to the control zone of the airport;

      30) approves the training and retraining program for aviation security;

      30-1) supervises the activities of aircraft operators, aerodrome operators (airports), air navigation service providers, aviation training centers, technical maintenance organizations, aviation security services conducting screening, aviation medical centers, aviation medical experts;

      31) carry out the control and supervision of representing the air traffic maintenance, radio-technical and meteorological support of flights in the scope of civil aviation, as well as verification of the activity and quality of the rendered services;

      32) carry out the control and supervision of the conformity with requirements of flight and technical operations of aviation equipment and means of its ground servicing;

      33) carry out the control and supervision of the conformity of the condition of aerial vehicle, its components, spare parts and auxiliary instruments with requirements of the airworthiness certification issued to an air operator and with requirements of operations documentation, determining the air worthiness;

      34) carry out the control and supervision of compliance with requirements and regulations, established in accordance with this Law by the persons, related to aviation personnel;

      35) carry out the control and supervision of ensuring the established requirements and regulations on the issues of professional training and health condition of aviation personnel by the organizations of civil aviation;

      36) carry out the control and supervision of the content of the objects of aerodromes (helicopters), landing places and quality of services of airport activity, provided by subparagraphs 1) – 7), 9) and 10) of paragraph 1 of Article 65 of this Law;

      37) keep the records of violation of safety requirements of flights and aviation security in the scope of civil aviation;

      38) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      38-1) carry out the control of search and rescue and accident rescue flight operations in the scope of civil and experimental aviation;

      39) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
      40) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
      41) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);

      41-1) determine the procedure for use of the air space over the capital and capital airport in concurrence with the authorized body in the scope of state aviation in accordance with the Rules of use of air space of the Republic of Kazakhstan;

      41-2) carry out the monitoring of conformity of the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity with the standards and recommended practice of the International Civil Aviation Organization (ICAO);

      41-3) ensure the well-timed notification of the International Civil Aviation Organization (ICAO) on existing differences with the standards and recommended practice of the International Civil Aviation Organization (ICAO) and their publication in the documents of aeronautical documents;

      41-4) organizes work to investigate aviation accidents and incidents of civil aviation on the territory of the Republic of Kazakhstan;

      41-5) participate in investigation of aviation accidents and incidents of civil aviation in the territory of other states, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators of aerial vehicles shall be individuals or legal entities of the Republic of Kazakhstan;

      41-6) give recommendations for the purpose of prevention of aviation accidents and incidents or reducing their consequences, as well as carry out analysis of performing such recommendations;

      41-7) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators being the individuals or legal entities of the Republic of Kazakhstan;

      41-8) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles of the air operators of foreign states in the territory of the Republic of Kazakhstan;

      41-9) participate in the statistical data exchange with international organizations of civil aviation;

      41-10) cooperate with bodies of foreign states and international civil aviation organizations, responsible for investigation of aviation accidents and incidents;

      41-11) cooperate with the interested state bodies of the Republic of Kazakhstan on the issues of investigation of aviation accidents and incidents;

      41-12) ensure the safety of profs upon investigation of aviation accidents and incidents;

      41-13) ensure the integrity of confidential information on flight operating safety;

      41-14) develop, introduce, study and maintain the system of compulsory and voluntary representation of data on aviation accidents and incidents, including the mechanisms of collection, evaluation, processing, storage and registration of aviation events;

      41-15) participate in information exchange on flight operating safety at the state and international levels and in distribution of information on aviation events;

      41-16) carry out the collection and analysis of information, linked with the flight operating safety of civil aviation, as well as composition and bringing of such information to notice of individuals and legal entities, carrying out the activity in the scope of civil aviation. The analysis shall not require the disclosure of the information sources;

      41-17) approves the rules of radio technical support for flights and aviation telecommunications in civil aviation;

      41-18) approves the rules for provision of aeronautical information in civil aviation;

      41-19) approves the airworthiness standards for civil aircraft of the Republic of Kazakhstan;

      41-20) approves the rules for certification and issuance of a type certificate;

      41-21) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-22) approves the rules for certification and issuance of an airworthiness certificate of a civil aircraft of the Republic of Kazakhstan;

      41-23) approves the rules for certification of light and ultra-light aviation;

      41-24) approves the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan;

      41-25) approves the rules for certification and issuance of a certificate of the organization for technical maintenance and repair of civil aviation equipment;

      41-26) approves the rules for certification and issuance of a certificate of the aviation training center for civil aviation;

      41-27) approves the rules for certification and issuance of a certificate of an air navigation services provider, as well as the certification requirements for air navigation service providers;

      41-28) approves the rules for the training of aviation personnel;

      41-29) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-30) approves the rules for arranging working hours and rest for crew members of civil and experimental aviation of the Republic of Kazakhstan;

      41-31) approves the rules for certification and issuance of an operator's certificate of civil aircraft;

      41-32) approves the rules for the operator's admission to aviation work;

      41-33) approves the rules for admission of general aviation operators for flights;

      41-34) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-35) approves the model regulations on aero-clubs;

      41-36) approves the rules for organization of flight work in the civil aviation of the Republic of Kazakhstan;

      41-37) approves the rules for organization of flight attendants in the civil aviation of the Republic of Kazakhstan;

      41-38) approves the rules for certification and issuance of the aerodrome validity certificate (heliport);

      41-39) approves the validity standards for operation of aerodromes (heliports) of civil aviation;

      41-40) approves the methodology for assessing compliance with the standards for the validity of aerodromes (heliports) for operation of civil aircraft;

      41-41) approves the rules of airfield support in civil aviation;

      41-42) approves the rules of electro-light technical support of civil aviation flights of the Republic of Kazakhstan;

      41-43) approves the rules for organization of special transport at airports of the Republic of Kazakhstan;

      41-44) approves the rules for providing civil aviation aircraft with aviation fuels and lubricants;

      41-45) approves the rules for storage, preparation for refueling and quality control of aviation fuels and lubricants and special fluids in civil aviation organizations of the Republic of Kazakhstan;

      41-46) approves the rules for ornithological support of flights of civil aircraft in the Republic of Kazakhstan;

      41-47) approves the rules for organization of passenger services at the airports of the Republic of Kazakhstan;

      41-48) approves the rules of fire safety in civil aviation of the Republic of Kazakhstan;

      41-49) approves the rules of emergency rescue services of flights in the airports of the Republic of Kazakhstan;

      41-50) approves the model provision on the air transportation organization service;

      41-51) approves the model provision on the aviation security service;

      41-52) approves the model provision on production and dispatch service of civil aviation organizations;

      41-53) approves the rules for certification and issuance of a certificate for organization of inspection by the airport security service;

      41-54) approves the rules for preflight and special inspections of aircraft;

      41-55) approves the lists of positions of managers and specialists of aviation security services of civil aviation organizations of the Republic of Kazakhstan, as well as qualification requirements for such positions;

      41-56) approves certification requirements for civil aircraft operators;

      41-57) approves certification requirements for aviation training centers;

      41-58) approves certification requirements for organizations for technical maintenance and repair of aviation equipment;

      41-59) approves the requirements for organizations supplying fuel and lubricants for civil aircraft;

      41-60) approves certification requirements for organization of inspection by the airport security service;

      41-61) approves the rules for allowing airlines to perform regular domestic commercial air transport operations;

      41-62) approves uniform requirements and technological procedures at the international airports of the Republic of Kazakhstan for transportation and processing of baggage, postal items and cargo by air;

      41-63) approves the form of an electronic air waybill;

      41-64) approves the rules of information interaction in transportation and processing of baggage, postal items and cargo by air;

      41-65) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      41-66) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      41-67) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

      41-68) approves the rules for certification and issuance of a certificate of aviation medical center, as well as certification requirements for aviation medical centers;

      41-69) appoints aviation medical experts;

      41-70) approves the rules for determining the level of qualification of aviation personnel;

      41-71) approves the rules for providing medical assistance to passengers in civil aviation;

      42) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);  dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 27.10.2015 № 363-V (порядок введения в действие см. ст. 2); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 28.12.2016 № 34-VІ (shall be enforced from 01.01.2017); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Competence of the authorized body in the scope of state aviation in the field of use of the air space of the aviation activity

      The authorized body in the scope of state aviation within its competence shall:

      1) carry out the state regulation and state control and supervision of the use of air space and state aviation activity;

      2) carry out the implementation of main principles of the state policy in the field of use of air space and activity of the state aviation;

      3) take measures on reflection of air attack or prevention and (or) termination of the violation of the State Boundary of the Republic of Kazakhstan in the air space, as well as on liquidation of using the force or threat to use the force against sovereignty, territorial integrity and security of the Republic of Kazakhstan;

      4) suppress the violation of the order of using the air space of the Republic of Kazakhstan;

      5) in consultation with the State Security Service of the Republic of Kazakhstan, the national security bodies, develops and approves the list of restricted areas and restricted flight zones;

      6) establish the regimes and short-term restrictions to use the air space in accordance with the Rules of using the air space of the Republic of Kazakhstan;

      7) after coordination with the State Security Service of the Republic of Kazakhstan and with the national security bodies, issues special permits to fly over the restricted areas and restricted flight zones;

      8) issue the permits for performance of international flights by aerial vehicles of foreign states beyond the special appropriated corridors of crossing the State Boundary of the Republic of Kazakhstan in the air space;

      9) coordinate the permits for performance of international flights by aerial vehicles of the state aviation of foreign states;

      10) keep the records of violations of the order of using the air space of the Republic of Kazakhstan;

      11) approves the Rules for state aviation flights of the Republic of Kazakhstan;

      12) approves the Instruction for prevention of accidents in state aviation;

      13) approve the Rules of aviation-engineering support of the state aviation of the Republic of Kazakhstan;

      14) approve the Rules of navigational support of the state aviation of the Republic of Kazakhstan;

      15) approve the Instruction on state, registration and additional identification marking on aerial vehicles of the state aviation of the Republic of Kazakhstan;

      16) approve the airworthiness standards to the operation of aerodromes (helicopter aerodromes), aerodrome sections of the road and operational requirements submitted to the aerodromes of the state aviation of the Republic of Kazakhstan;

      17) approve the Rules of operating the aerodromes (helicopter aerodromes) of the state aviation of the Republic of Kazakhstan;

      18) approves the Rules for the state registration of aerodromes (heliports) of state aviation;

      19) issue decision on air worthiness to the use of aerodromes (helicopter airdromes) of the state aviation;

      20) keep records of the violation of requirements of the flight operating safety of the state aviation, carry out the classifying of aviation accidents and incidents, the control of the state bodies’ activity on conducting the investigations of aviation accidents and incidents in the scope of state aviation;

      21) organizes and conducts flight safety management activities;

      22) approve the Rules of certifying the aviation personnel of the state aviation and issue certificate to a person, related to aviation personnel of the state aviation for the right to carry out professional activity, confirming the existence of his (her) necessary knowledge and skills, as well as conformity of his (her) health to established requirements;

      23) determine the list of offices of the state aviation workers, ensuring the flight operating safety;

      24) approve the Instruction on aviation search and rescue service of the state aviation of the Republic of Kazakhstan;

      25) approve the Rules of medical maintenance of the state aviation of the Republic of Kazakhstan;

      26) approve the Rules of meteorological support of flights of the state aviation of the Republic of Kazakhstan;

      27) approve the Rules of ornithological flight operations of the state aviation of the Republic of Kazakhstan;

      28) approve the Rules of registering the aerial vehicles of the state aviation of the Republic of Kazakhstan;

      28-1) develops and approves the Instruction for operation of automotive and electrical gas equipment at aerodromes (heliports) of state aviation;

      28-2) develops and approves the Instruction on organization of traffic, ground support for flights and pedestrians at aerodromes (heliports) of state aviation;

      28-3) develops and approves the service hours (service life) of aerodrome and technical support for state aviation flights;

      28-4) develops and approves the Instruction on joint use of aerodromes (heliports), landing areas for providing and managing flights of state aviation;

      28-5) develops and approves the Instruction on organization of quality aviation fuels and lubricants and special liquids in state aviation;

      28-6) develops and approves the Rules for organization of air transport in state aviation

      29) approve the Instruction on air traffic control;

      29-1) issue permits provided by the Law of the Republic of Kazakhstan "On Permits and Notifications", subject to the exceptions provided by Subparagraph 7) of Paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Permits and Notifications";

      30) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-1. Competence of the authorized agency for civil aviation for natural monopolies

      The authorized agency for civil aviation within its competence shall:

      1) exercise control and regulation of the activities of natural monopolies in accordance with the Law of the Republic of Kazakhstan "On Natural Monopolies";

      2) develop proposals on the formation of the state policy for regulation of natural monopolies and submit them for consideration to the authorized agency that managing for natural monopolies;

      3) analyze the areas of natural monopolies for airport and air navigation services with a view to classifying the services (goods, works) provided by natural monopolies as part of these areas as regulated and make a conclusion on the basis of the analysis about the need to make changes and (or) additions to the list regulated services (goods, works), approved by the authorized agency managing for natural monopolies;

      4) submit for consideration the proposals to the authorized agency managing for natural monopolies on inclusion natural monopolies in the list of airports and air navigation services attracting loans of international financial organizations;

      5) draw up a conclusion on the need of inclusion entities operating in the natural monopolies for airport and air navigation services in the state register of natural monopolies or on exclusion from it and make such an opinion for consideration by the authorized agency managing for natural monopolies;

      6) establish an expert council and approve the provision on it;

      7) develop, approve and apply non-discriminatory methods for calculating tariffs (prices, charge rates) or their limit levels for regulated services (goods, works) of natural monopoly entities;

      8) analyze the information of natural monopoly entities on implementation of investment programs (projects);

      9) agree the concept of a public-private partnership project, concession proposal, feasibility study for public-private partnership project, including a concession project, tender documentation for a public-private partnership project, including a concession project, draft public-private partnership agreements, including concession agreement, as well as introduction of amendments and (or) additions to them regarding the procedure for the formation and approval of tariffs (prices, charge rates) for goods , works and services related for natural monopolies;

      10) develop and approve standards for provision of services to consumers by natural monopoly entities;

      11) develop and approve the methodology for formation and evaluation of projects of investment programs (projects) of natural monopoly entities, as well as monitor and evaluate the performance indicators of their implementation;

      12) establish the method of tariff regulation of the relevant areas of natural monopolies;

      13) develop and approve a methodology for calculating the level of temporary reduction coefficient to tariffs (prices, charge rates) for regulated services (goods, works) of natural monopoly entities for airport services and air navigation;

      14) introduce regulation in cases where, based on analysis of the relevant domestic market, it has been established that such a market is in a state of natural monopoly;

      15) determine the technical conditions of non-discriminatory access for civil aviation;

      16) make compulsory orders to natural monopoly entities for airports and air navigation in the cases established by the legislative acts of the Republic of Kazakhstan on conclution the agreements on services of natural monopoly entities for services of airports and air navigation with consumers, amending the concluded agreements;

      17) make compulsory orders to subjects of natural monopolies for services of airports and air navigation, to state agencies in cases of violation of the Laws of the Republic of Kazakhstan on natural monopolies by them, including orders on reorganization natural monopoly entities for services of airports and air navigation and (or) alienation property;

      18) initiate the change in tariffs (prices, charge rates) for regulated services (goods, work) or their limit levels and tariff estimates of natural monopoly entities for airport and air navigation services in the manner determined by the authorized agency managing for natural monopolies;

      19) request and receive information necessary for the exercise of its powers from individuals and legal entities, including state agencies, local authorities, as well as their officials, in compliance with the requirements established by legislative acts of the Republic of Kazakhstan for disclosure of information constituting commercial and other confidentiality protected by the Law;

      20) initiate the reduction of tariffs (prices, charge rates) for regulated services (goods, work) of natural monopoly entities for airport and air navigation services, taking into account the requirements of Paragraph 1 of Article 15-1 of the Law of the Republic of Kazakhstan "On Natural Monopolies";

      21) coordinate the candidacy of appointed rehabilitation manager and rehabilitation plan of natural monopoly entity for airport and air navigation services;

      22) approve tariffs (prices, charge rates) or their limit levels for regulated services (goods, work) of natural monopoly entities for airport and air navigation services, taking into account the quality requirements established within its competence;

      23) provide clarification on issues of the Legislation of the Republic of Kazakhstan on Natural Monopolies within its competence;

      24) make a decision on the approval of a temporary compensatory tariff to compensate consumers for losses caused by the natural monopoly entity for airport and air navigation services;

      25) in written or in the form of electronic document, depending on the application form, justify the refusal to accept for consideration the application of the natural monopoly entity for airport and air navigation services for approval or change of tariffs (prices, charge rates) or their limit levels;

      26) inform consumers on the decisions regarding the regulation of the activities of natural monopoly entities for airport and air navigation services, except for those that contain information constituting a commercial and other confidentiality protected by the Law;

      27) hold public hearings when considering applications of natural monopoly entities for airport and air navigation services for approval of tariffs (prices, charge rates) or their limit levels;

      28) exercise control over:

      execution the tariff estimates by natural monopoly entity for airport and air navigation services;

      purchases, the costs of which shall be taken into account when approving tariffs (prices, charge rates) or their limit levels and tariff estimates for regulated services (goods, work) of natural monopoly entity for airport and air navigation services;

      29) inform via mass media on cases of violation of the Law of the Republic of Kazakhstan "On Natural Monopolies" and the facts of bringing to responsibility the perpetrators;

      30) post information not later than five calendar days from the day of the decision on its Internet resource on holding public hearings when considering applications of natural monopoly entities for airport and air navigation services for approval of tariffs (prices, charge rates) or their limit levels;

      31) post information on its Internet resource on tariffs (prices, charge rates) and tariff estimates for regulated services (goods, work) of natural monopoly entities for airport and air navigation services no later than five calendar days from the day of their approval;

      32) exercise other powers provided by the Law of the Republic of Kazakhstan "On Natural Monopolies", other Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-2. Competence of the authorized agency for civil aviation in relation to socially significant markets

      The authorized agency for civil aviation within its competence shall:

      1) develop proposals for the formation of state policy in relation to socially significant markets and submit them for consideration to the authorized agency managing for natural monopolies;

      2) carry out state regulation of prices and state control over compliance with the pricing procedure and obligations of entities of socially significant markets;

      3) monitor prices of entities of socially significant markets;

      4) agree the limit prices for goods (work, services) sold by entities of socially significant markets;

      5) hold a public hearing when considering notifications of entities of socially significant markets about the upcoming increase in prices for goods (work, services);

      6) make compulsory orders on fulfillment of obligations provided by the Entrepreneurial Code of the Republic of Kazakhstan to the entities of socially significant markets;

      7) in case of non-compliance with order by entity of socially significant market shall file a lawsuit in court to compel entity of socially significant market for providing airport services on domestic flights to perform the actions specified in the order;

      8) initiate and consider cases of administrative violations, as well as impose administrative penalties in the manner determined by the Code of the Republic of Kazakhstan on administrative violations;

      9) exercise other powers provided by the Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 15-2 in accordance with the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Certification in the field of civil aviation

      1. Certification in the field of civil aviation confirms the compliance of operators and civil aviation organizations, aircraft, aerodromes and aviation services provided by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      2. Objectives of certification are the protection of human life and health, environment, the interests of the state, ensuring flight safety and aviation security, meeting the needs of the economy, individuals and legal entities in high-quality aviation services.

      3. Certification is carried out by the authorized body in the field of civil aviation in the cases established by this Law.

      For certification in the field of civil aviation, a fee is collected in the manner and in the amount established by the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (the Tax Code). Certification in the field of civil aviation is carried out after paying the specified fee to the state budget.

      4. The authorized body in the field of civil aviation carries out a certification survey for compliance with the certification requirements for operators and civil aviation organizations, using instructional material.

      5. In the case of a certification survey, the applicant must demonstrate the ability and resources, as well as the financial and economic position and legal capacity required to perform the declared activity.

      The results of the certification survey are presented to the applicants for review.

      The authorized body in the field of civil aviation issues a certificate (license for the right to perform aviation work) to the applicant when the applicant complies with the certification requirements and eliminates inconsistencies identified in the certification survey that directly affect flight safety and aviation security.

      6. Inconsistencies to the certification requirements identified in the certification survey are divided into three categories: category 1, category 2 and category 3.

      Inconsistency to the certification requirements, which does not interfere in the activities and is subject to its elimination in improving production, refers to Category 1.

      Inconsistency to the certification requirements, which does not interfere in the activities, provided it is eliminated within the time frame, agreed with the authorized body in the field of civil aviation, or introduction of restrictions, refers to Category 2.

      Inconsistency to the certification requirements, which interfere in the activities, refers to Category 3.

      7. Inconsistencies to the certification requirements of category 3 are characterized by the inability of the applicant to protect life and human health, environment, flight safety and aviation security, based on the technical and financial capabilities of the applicant.

      In case of inconsistencies to the certification requirements of category 3, the authorized body in the field of civil aviation refuses to issue a certificate (licenses for the right to perform aviation work) or limits the validity of the certificate (licenses for the right to perform aviation work) in cases and in the order established by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic Kazakhstan and aviation activities, until the identified inconsistencies are eliminated by the applicant.

      8. In case of inconsistency to the certification requirements of category 2, the authorized body in the field of civil aviation:

      1) sets a deadline for eliminating the detected inconsistency, not exceeding three months from the moment of its detection. The applicant develops a corrective action plan to eliminate the identified inconsistency and submits it to the authorized body in the field of civil aviation within ten working days from the moment of familiarization with the results of the certification survey;

      2) on the basis of an assessment of the measures proposed by the applicant to eliminate the identified inconsistency, approves the corrective action plan or returns it for revision with justification.

      The period specified in the corrective action plan is extended by the authorized body in the field of civil aviation provided that the applicant provides a justification for the need to change it.

      9. The authorized body in the field of civil aviation monitors the submission by the applicant of the corrective action plan and (or) the implementation of corrective actions within the time frame established by the plan, by conducting an audit.

      If the applicant does not submit an acceptable corrective action plan or does not perform corrective actions within the time frame established by the authorized body in the field of civil aviation, the inconsistency to the certification requirements of category 2 becomes the inconsistency to the certification requirements of category 3 and the authorized body in the field of civil aviation refuses to issue a certificate (license for the right to perform aviation works) or recalls a previously issued certificate (license for the right to perform aviation works).

      If there is an inconsistency to the certification requirements of category 1, a corrective action plan is not required.

      10. Refusal to issue a certificate (license for the right to perform aviation work) is carried out in the cases when:

      1) the inconsistencies provided for in paragraph 7 of this article are revealed;

      2) there is a court decision against the applicant prohibiting him from providing this type of service.

      Footnote. Article 16 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-1. Permanent supervision over provision of flight safety and aviation security

      Footnote. The title of Article 16-1 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. The authorized body in the field of civil aviation exercises constant supervision over provision of the flight safety and aviation security by individuals and legal entities.

      Operators and civil aviation organizations certified by the authorized body in the field of civil aviation are subject to continuous supervision over provision of flight safety and aviation security.

      2. Upon carrying out the permanent supervision, the authorized body in the scope of civil aviation shall verify:

      1) maintenance of the conformity with certification requirements and requirements of the legislation of the Republic of Kazakhstan on using the air space of the Republic of Kazakhstan and aviation activity;

      2) performance of the corrective actions plan in accordance with Article 16-3 of this Law.

      3. In the inspection, provided for in paragraph 2 of this article, state aviation inspectors shall:

      1) implement it with the use of instructional material;

      2) provide the inspected individuals and legal entities with the relevant results of supervision over their provision of flight safety and aviation security;

      3) base on the results of previous control, including unscheduled inspections, and flight safety and aviation security priorities in the framework of the established safety management system for flight safety and aviation security of operators and civil aviation organizations;

      4) submit information to the authorized body in the field of civil aviation on the absence or presence of violations for taking measures in accordance with Article 16-3 of this Law.

      4. Continuous supervision is carried out through inspections of operators and civil aviation organizations.

      5. Individuals and legal entities that carry out activities in the field of civil aviation within or outside the Republic of Kazakhstan on the basis of certificates (licenses for the right to perform aviation works) issued by the authorized body in the field of civil aviation, provide information, documents confirming the continuous compliance with certification requirements in carrying out their activities, and are required to ensure access of state aviation inspectors to information, documents, products, parts and equipment, that are the subject of certification in the places and zones under their jurisdiction.

      6. The authorized body in the scope of civil aviation shall acquire and process data for performance of functions of permanent supervision, including the data for evaluation of financial and economic regulation of air operators and civil aviation organizations for adoption of decisions on conduct of unscheduled verifications.

      Footnote. Chapter 2 is supplemented by Article 16-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-2. Program on ensuring the permanent supervision

      1. The authorized body in the field of civil aviation annually adopts a program to ensure permanent supervision, which means a set of activities conducted by the authorized body in the field of civil aviation, to maintain compliance of certified operators and civil aviation organizations with the certification requirements and requirements of the legislation of the Republic of Kazakhstan on the use of airspace of the Republic of Kazakhstan and aviation activities.

      2. The program on ensuring the permanent supervision shall be developed in recognition of the risk assessment criteria of air operators, including the evaluation of financial and economic regulation of air operators and civil aviation organizations, and seize the types of activity, provided by the certification (certificate for the performance of aviation works).

      Air operators and civil aviation organizations shall present information on financial and economic regulation to the authorized body in the scope of civil aviation on a quarterly basis in the form, approved by the authorized body in the scope of civil aviation.

      3. The program for ensuring permanent supervision includes the frequency of inspections taking into account all aspects of the activities of operators and civil aviation organizations during the validity period of the certificate (license for the right to perform aviation works), interaction with officials of operators and civil aviation organizations on supervision matters and recording the results of inspections.

      Footnote. Chapter 2 is supplemented by Article 16-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-3. Level of violation of established requirements, detected upon carrying out the permanent supervision, and measures of elimination of violations

      1. Detected violations following the results of permanent supervision shall be divided into violations of the first and second levels depending on the level of violation of the requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity.

      2. Violations of the first level include significant violations of the requirements established by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities that pose a direct threat to flight safety and aviation security.

      Violation of the first level shall include:

      1) refusal in access to the objects of air operator and (or) civil aviation organizations (including aerial vehicles, buildings, constructions, parking shelters, fuel storage depots, working premises and on the territory) of the state aviation inspector;

      2) receipt of certification (certificate for the performance of aviation works), maintenance of the conformity to certification requirements by an air operator or civil aviation organization by falsification of presented documents;

      3) commission of illegal actions or illegal use of the certification (certificate for the performance of aviation works) by an air operator or civil aviation organization;

      4) introduction of amendments and (or) additions in documentation, subject to approval by the authorized body in the scope of civil aviation in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity without the relevant approval by this body;

      5) non-presentation of the corrective actions plan within established term by an air operator or civil aviation organization to the authorized body in the scope of civil aviation for conducting its evaluation or non-performance of corrective actions within the terms, established or extended by the authorized body in the scope of civil aviation, upon violation of the second level;

      6) in other cases, on the basis of which the validity of certification (certificate for the performance of aviation works) shall be suspended or the certification (certificate for the performance of aviation works) shall be revoked in accordance with this Law.

      3. The violations of the second level shall include all the violations of requirements, established by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity that are not included in the violations of the first level.

      4. Upon detection of the violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity during the carrying out of the state supervision, the authorized body in the scope of civil aviation or the state aviation inspector shall direct the breve with requirement of taking corrective actions to the air operator or civil aviation organization for elimination of detected violation.

      In case of necessity, the authorized body in the scope of civil aviation shall inform the competent body of the foreign state in which the aerial vehicles are registered.

      5. Upon violation of the first level, the authorized body in the scope of civil aviation shall take measures on revocation of certification (certificate for the performance of aviation works) or its full or partially limitation or suspension in the cases and in the manner, established by this Law before the moment of elimination of detected violations by the air operator or civil aviation organization.

      6. In case of violations of the second level, the authorized body in the field of civil aviation:

      1) establishes a deadline for elimination of the detected violations, not exceeding three months from the moment of detection of the violation. The operator or civil aviation organization shall draw up a corrective action plan to eliminate the identified violations and submit it to the authorized body in the field of civil aviation within ten working days from the moment of familiarization with the results of inspections or receipt of the inspector's instruction;

      2) on the basis of assessment of measures proposed by the operator or civil aviation organization to eliminate the identified violations, approves the corrective action plan or returns it for revision with justification.

      The terms specified in the corrective action plan are extended by the authorized body in the field of civil aviation provided that the operator or civil aviation organization provides a justification for the need to change them.

      7. The authorized body in the field of civil aviation monitors the submission by the operator or civil aviation organization of a corrective action plan and (or) implementation of corrective actions within the time frame established by the plan by conducting an audit.

      If the operator or civil aviation organization does not submit an acceptable corrective action plan or does not perform corrective actions within the time limits set by the authorized body in the field of civil aviation, violation of the second level becomes a violation of the first level and the measures provided for in paragraph 5 of this Article shall be taken.

      8. The authorized body in the scope of civil aviation shall keep records of all detected violations, taken measures and established terms for their elimination, including corrective actions from the side of air operators and civil aviation organizations.

      Footnote. Chapter 2 is supplemented by Article 16-3 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-4. Control over provision of flight safety and aviation security

      Footnote. The title of Article 16-4 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. The authorized body in the field of civil aviation exercises control over provision of flight safety and aviation security by individuals and (or) legal entities whose activities are not subject to certification by the authorized body in the field of civil aviation, but relates to activities stipulated in Article 10-2 of this Law.

      2. The control is carried out through selective and unscheduled inspections of individual and (or) legal entities, observation and analysis of their activities for compliance with the flight safety requirements, as well as reviews of the state of aviation security and tests of the aviation security system.

      The conduct of selective inspections is carried out with the use of instructional materials and within the terms established by the schedule of inspections.

      The grounds for unscheduled verification of individuals and (or) legal entities upon carrying out of the control shall be:

      1) control of performing the inspectoral breves on elimination of detected violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the result of verification and other forms of control;

      2) receiving information and applications from individuals and legal entities, state bodies, deputies of the Parliament of the Republic of Kazakhstan and local representative bodies on infliction or on threat of inflicting the harm to life, health of a human, environment and legal interests of individuals and legal entities of the state;

      3) initiative application of the verified individual or legal entity on conducting the verification of his (her) activity;

      4) change of the surname, name, patronymic (if it is indicated in the identity document) of the inspected individual or the name, as well as the reorganization of the legal entity being inspected, if a selective inspection has been scheduled for them;

      5) repeated verification, linked with the application of verified individual or legal entity on non-agreement with the initial verification.

      3. In case of detecting the violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, the state aviation inspectors shall issue inspectoral breves on elimination of violations.

      Footnote. Chapter 2 is supplemented by Article 16-4 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-5. Platform verifications of the civil aerial vehicles of foreign air operators

      1. Apron inspections of civil aircraft of foreign operators are carried out by state aviation inspectors using instructional material.

      Aerial vehicles and crew team, carried out landing in the airport of the Republic of Kazakhstan, opened for international flights shall be subject to verification.

      The authorized body in the scope of civil aviation shall take participation in collection and exchange of information with foreign states on performed platform verifications of civil aerial vehicles of foreign air operators on the basis of concluded agreements.

      2. The authorized body in the field of civil aviation accepts the annual schedule of conduct of apron inspections of civil aircraft of foreign operators, based on the calculation method, taking into account the number of operators, the type of aircraft and the number of landings at appropriate aerodromes, and the degree of flight safety risks.

      3. The authorized body in the scope of civil aviation shall carry out unscheduled platform verifications of civil aerial vehicle of foreign air operator, if there is ground for consideration that the standards of International Civil Aviation Organization (ICAO) or conditions and operating restrictions of the air operator certification are not complied on board of this aerial vehicle.

      Such grounds shall be:

      1) control of elimination of previously detected violations in the result of previous verifications and other forms of control;

      2) receipt of information and applications from individuals and (or) legal entities, state bodies on infliction or threat to inflict the harm to life, health of a human, environment and legal interests of individuals and (or) legal entities, the state;

      3) initiative application of the verified foreign air operator on conducting the verification of his (her) aerial vehicle and crew team;

      4) reorganization and change of the name of the inspected foreign operator, if a selective inspection has been scheduled for it;

      5) repeated verification, linked with application of the verified foreign air operator on non-agreement with the initial verification.

      4. Upon conduct of the platform verifications of civil aerial vehicles of foreign air operators, the state aviation inspectors shall be governed by the principle of preventing the unreasonable flight delays of inspectoral aerial vehicles.

      5. The violations, detected in the course of conducting inspections of civil aerial vehicles of foreign air operators shall be classified as follows:

      1) violation of the third category – the violation of established conditions and operating restrictions of air operator certification, having significant influence on the flight operating safety;

      2) violation of the second category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety;

      3) violation of the first category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety.

      The conditions for assigning violations to the categories indicated in part one of this paragraph, shall be determined by the instructional material.

      6. In case of violation of the third category, the authorized body in the field of civil aviation shall have the right:

      1) to inform the operator in writing about the revealed inconsistency and to demand proof of adoption of corrective actions;

      2) to inform the competent authorities of the state of the operator and, if necessary, the state of registration of the aircraft and the issuance of flight crew certificates, and to request confirmation from the competent authorities on coordination of corrective actions taken by the operator;

      3) to establish a restriction on operation of an aircraft or to require adoption of urgent corrective actions to eliminate the identified inconsistencies, or to introduce an immediate ban on the operation of an aircraft in the territory of the Republic of Kazakhstan, or detain an aircraft on the ground in accordance with the conditions of paragraph 7 of this Article.

      7. In case there is a ground to consider that the crew team determines actions on performance of the flight on the verified aerial vehicle without taking relevant correct actions on elimination of detected violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating limitations of air operator certification, the state aviation inspector shall notify the commander of aerial vehicle and (or) air operator that the aerial vehicle doesn’t have permit to this flight before receipt of additional instructions, and detain aerial vehicle on the ground.

      8. In case of aerial vehicle detention on the ground, the authorized body in the scope of civil aviation shall inform immediately the competent bodies of state of the air operator and state of the registration of aerial vehicle, if the state of registration is other than the state of air operator, and shall provide necessary conditions jointly with these bodies, upon which the aerial vehicle may receive the permit to the flight.

      9. In case of detecting violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating restrictions of the air operator certification, concerning the air worthiness of aerial vehicle, the prohibition to the flight of aerial vehicle shall be preserved until representation of the air operator to the authorized body in the scope of civil aviation, confirming documentation that:

      1) the violation concerning the air worthiness of aerial vehicle is eliminated;

      2) the air operator has a permit for special flight of this aerial vehicle or the analogous document, issued by the competent body of the state of registration of aerial vehicle or the state of air operator, as well as a permit of transit states for the crossing their air space if appropriate.

      10. Upon detecting the violation of the second category, the authorized body in the scope of civil aviation shall:

      1) inform the air operator on decision in written form, requiring by this the representation of supporting documentation on taken corrective actions;

      2) inform the competent bodies of the state of air operator and state of registration of the aerial vehicle and issuance of flying crew certificates. If appropriate, it shall request the confirmation on agreement of such competent bodies with taken corrective actions by the air operator.

      11. Upon detecting the violation of the first category, the state aviation inspector shall notify a commander of civil aerial vehicle of foreign operator about this for taking measures on their elimination.

      Footnote. Chapter 2 is supplemented by Article 16-5 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-6. State aviation inspector

      1. State aviation inspector is an official of the authorized body in the field of civil aviation, entitled to carry out certification, state control and supervision in the field of civil and experimental aviation.

      State aviation inspectors are appointed from among officials of the authorized body in the field of civil aviation who have special and (or) professional training in implementation and maintenance of aircraft operations, aircraft technical maintenance, air traffic services, as well as those performing the functions of financial, economic and legal support.

      The number of state aviation inspectors, depending on the scale of the flight work performed in the Republic of Kazakhstan by civil aircraft of commercial aviation and general aviation, shall be determined by the authorized body in the field of civil aviation within its approved staffing strength.

      1-1. The categories of state aviation inspectors include:

      chief state aviation inspector;

      senior state aviation inspector;

      state aviation inspector.

      The procedure for assigning officials of the authorized body in the field of civil aviation and its territorial body to the categories of state aviation inspectors shall be determined by the authorized body in the field of civil aviation.

      1-2. When implementing certification, state control and supervision, it is not permitted to interfere in the activity of the state aviation inspector of individual and (or) legal entities, state bodies, except for cases established by the laws of the Republic of Kazakhstan.

      2. Upon fulfilling the obligations, the state aviation inspectors shall have the right to:

      1) unimpeded access to all the controlled zones of airports of the Republic of Kazakhstan, to the aerial vehicles and objects of civil aviation organizations, including parking shelters, fuel storage depots, working premises of the air operators and aviation training centres for carrying out official duties;

      2) request information, documents, including information on qualification of the aviation personnel from the air operators and civil aviation organizations, as well as require explanations and materials, required for performance of own functions, with establishment of terms of their provision;

      3) issue inspectoral breves on the issues of safety ensuring of the flights and aviation security to civil servants of the air operators and civil aviation organizations with the establishment of terms for their performance;

      4) be on the board of civil aerial vehicle in the flight in concurrence with the air operator with the right of being in flight deck or cabin of aerial vehicle.

      3. State aviation inspectors upon carrying out of control and supervision for compliance with the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity shall be obliged to:

      1) comply with the legislation of the Republic of Kazakhstan;

      2) to carry out inspections in accordance with the procedure established by the Entrepreneurship Code of the Republic of Kazakhstan and this Law;

      3) not to prevent established regime of work of civil aviation organization during conduct of verifications;

      4) carry out the powers on prevention, detection and restraint of violations of requirements, established by the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity in accordance with the Laws of the Republic of Kazakhstanwithout undue delay and in full measure;

      5) to check the availability of a certificate of aviation personnel, aircraft, flight documentation, certificates, permits and documents issued under this Law, as well as the compliance of civil aircraft, including foreign ones, with the airworthiness requirements of civil aircraft of the Republic of Kazakhstan and the standards of the International Civil Aviation Organization (ICAO).

      4. Upon being on air operator or civil aviation organization, objects, facilities subject to verification in the territory of the aerodrome (helicopter aerodrome), the air operator of aerodrome (helicopter aerodrome) shall be obliged to ensure unimpeded access to them for the state aviation inspector on the basis of service certificate presented by him (her).

      5. State aviation inspectors shall be provided with monetary allowances established in accordance with a unified system of remuneration of labor for all bodies held at the expense of the state budget approved by the Government of the Republic of Kazakhstan upon agreement with the President of the Republic of Kazakhstan.

      Monetary allowance shall include monetary pay (official salary), bonuses for special labour conditions and other bonuses and premiums, established by the legislation of the Republic of Kazakhstan.

      6. For the maintenance of required level of professional training, the state aviation inspectors on a periodic basis shall:

      1) undergo training on the courses on maintenance of professional level;

      2) conduct training with the operation of aviation equipment and (or) on slight simulators;

      3) maintain professional training (qualification) in civil aviation organizations and the air operators in the volume and at the level, established by the Rules of professional training and maintenance of qualification of the state aviation inspectors, approved by the Government of the Republic of Kazakhstan.

      Note of RCLI!
      Paragraph 7 shall be enforced from 01.01.2014

      7. Insurance of life and health of the state aviation inspectors shall be carried out in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activity upon carrying out of aviation inspections in flight and upon maintenance of qualification with the operation of aviation equipment.

      Footnote. Chapter 2 is supplemented by Article 16-6 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-7. State regulation of tariffs (prices, charge rates) in the field of civil aviation

      Footnote. Chapter 2 is supplemented by Article 16-7 in accordance with the Law of the Republic of Kazakhstan dated 27.10.2015 No. 363-V (shall be enforced from 01.01.2017); Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-8. Agreements on transfer of certain functions and duties

      1. The authorized body in the field of civil aviation, within its competence, has the right to delegate functions and duties for monitoring and supervision over compliance with flight rules, the use of radio transmitting equipment and maintaining airworthiness, as well as compliance with requirements and standards by aircraft personnel, as the state of the aircraft registration, to the competent authorities of the foreign state in which this aircraft will be operated without a crew, and also to assume functions and duties, transferred to it by the state of the aircraft registration when it is operated without a crew by the operator of the Republic of Kazakhstan, on the basis of an agreement concluded in accordance with the Convention on International Civil Aviation.

      Operators affected by this paragraph must have on board of the aircraft the certified full copy of the agreement on transfer of functions and duties concluded between the competent authorities of the states for the entire duration of its operation.

      2. The authorized body in the field of civil aviation recognizes the validity of the certificates (licenses) of airworthiness, permission to use radio equipment and crew members’ certificates issued or confirmed by the state of the operator in accordance with the Convention on International Civil Aviation.

      3. Agreements concluded by the authorized body in the field of civil aviation with the competent authorities of foreign states shall be registered with the International Civil Aviation Organization (ICAO) in accordance with the Convention on International Civil Aviation.

      Footnote. Chapter 2 is supplemented by 16-8 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 3. ORGANIZATION OF USING THE AIR SPACE Article 17.Basis for organization of using the air space

      1. Organization of using the air space shall provide ensuring of safety, economic and regular performance of aerial vehicles flying (air traffic), as well as the activity, linked with use of air space.

      Organization of airspace use includes:

      1) definition and establishment of airspace structure and classification;

      2) planning and coordinating the airspace use in accordance with the priorities established by Article 25 of this Law;

      3) determination and provision of a permissive or notification procedure for the airspace use;

      4) air traffic management, which is:

      the air traffic service, air traffic management;

      the organization of air traffic flows;

      5) control and supervision over observance of the Rules for the use of the airspace of the Republic of Kazakhstan. 

      2. Ensuring of compliance with the Rules of using the air space of the Republic of Kazakhstan by all his (her) users within their own zones of responsibility shall be carried out:

      1) by the air traffic support bodies of aeronautical organization with notification on detected violations of the authorized body in the scope of civil aviation on the air paths, local air lines and in the area of aerodromes;

      2) by the air traffic control bodies in the special zones and other regions of the state aviation flights;

      3) by the air traffic control bodies or air traffic support bodies of aeronautical organization in concurrence with the authorized body in the scope of state aviation beyond air paths and local air lines, upon the crossing of the State Boundary of the Republic of Kazakhstan in air space.

      3. Organization of using the air space shall be carried out by the authorized bodies in the scope of civil and state aviation, as well as air traffic support bodies and air traffic control bodies in the zones and regions, established for them in the manner, determined by this Law and Rules of using the air space of the Republic of Kazakhstan. The principles and procedures for civil-military coordination to ensure the flexible use of airspace are established by the Rules for the use of the airspace of the Republic of Kazakhstan.

      4. Organization of the air space structure shall be carried out upon compliance with environmental legislation of the Republic of Kazakhstan.

      4-1. Organization of air traffic flows is carried out by the air navigation service provider, which is a state enterprise subordinated to the authorized body in the field of civil aviation, taking into account the declared capacity of air traffic services units.

      4-2. The need for air traffic services is determined in accordance with the methodology for assessing the need for air traffic services, approved by the authorized body in the field of civil aviation, and taking into account:

      1) the types of the relevant air traffic;

      2) the intensity of air traffic;

      3) meteorological conditions;

      4) other factors that may be relevant to this area or location.

      5. Air traffic services in the controlled airspace of the Republic of Kazakhstan, with the exception of special zones and areas of flights of state and (or) experimental aviation, as well as the areas of unclassified aerodromes (heliports), are performed by the air navigation service provider, which is a state enterprise, subordinated to the authorized body in the field of civil aviation.

      In the areas of individual aerodromes (heliports), the air traffic services may be provided by the air navigation services provider, which is a subject of private business.

      6. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      7. Air traffic support bodies shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights in accordance with the standard type instruction.

      8. Air traffic support bodies shall develop and coordinate the plans of measures with the authorized body in the scope of civil aviation in case of unforeseen circumstances due to violation of the air traffic maintenance.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 18. The activity, linked with the use of air space

      1. The activity, linked with the use of air space of the Republic of Kazakhstan shall include:

      1) flights of aerial vehicles and other flight facilities;

      2) all types of shooting and rocket launching, demolition works and other activity, linked with movement of material objects in the air space.

      2. Individuals and legal entities, carrying out the activity, mentioned in paragraph 1 of this Article shall be the users of air space.

Article 19. Structure and classification of the air space

      1. The structure and classification of air space, as well as requirements, submitted to the flights and types of air traffic maintenance within the air space of each class shall be established by the Rules of using the air space of the Republic of Kazakhstan.

      2. To carry out activities related to the use of airspace, the areas (zones) of flight information, dispatch areas, air traffic services routes, central dispatching areas, dispatch areas, airfield traffic areas, areas of uncontrolled airspace, airspace trails, special zones for aircraft flights, restricted areas, hazardous areas, restriction areas for aircraft operations and other special aircraft elements established for carrying out activities in the airspace, which in their totality form the airspace structure of the Republic of Kazakhstan, are established in the airspace of the Republic of Kazakhstan.

      The airspace structure of the Republic of Kazakhstan is published in air navigation information documents in accordance with the rules for provision of air navigation information in civil aviation.

      The air space structure shall be published in the documents of aeronautical information in accordance with the Rules of ensuring the aeronautical information of the air operators of aerial vehicles.

      3. The air space for the purpose of the air traffic maintenance and (or) air traffic control means the air space of particular size within which particular types of flights may be performed and for which the types of air traffic maintenance and flight rules are determined.

      4. Classification of the airspace of the Republic of Kazakhstan for the purpose of air traffic services is determined on the basis of the needs of users of the airspace of the Republic of Kazakhstan, the need to ensure flight safety, their economic efficiency and is published in air navigation information documents.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 20. Provision of aeronautical service in air space

      1. Aeronautical service for the users of air space of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, shall be carried out on the basis of agreements (standard form agreement).

      2. Aeronautical service, provided for the users of air space of the Republic of Kazakhstan shall be carried out without consideration in case of flight performance:

      1) of aerial vehicles, suffering or suffered disaster, as well as aerial vehicles, the routes of which were changed due to emergency situation on the board, refusal or defect of material part from the moment of determining the location of aerial vehicle;

      2) aircraft for search and rescue operations, as well as for aircraft involved in trainings for search and rescue operations in accordance with the contract concluded with the air navigation service provider;

      3) aerial vehicles for rendering medical and (or) humanitarian response for population during natural disasters;

      4) of aerial vehicles of the state aviation of the Republic of Kazakhstan;

      5) of aerial vehicles, transferring the President of the Republic of Kazakhstan, Prime Minister of the Republic of Kazakhstan, kingship, heads of states and governments of foreign states;

      5-1) light and ultra-light aircraft;      

      6) in accordance with international treaties, ratified by the Republic of Kazakhstan, if provisions of the treaty provide release from the payment for air traffic maintenance.

      3. Charging the airspace users for provision of air navigation services is performed by the air navigation service provider. Regulation of legal relations with organizations involved in provision of services included in the air navigation services is carried out on the basis of contracts.

      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 21. Provision of aeronautical information

      1. Air navigation service provider, which is a state enterprise, subordinated to the authorized body in the field of civil aviation, ensures provision of air navigation information in accordance with the standards of the International Civil Aviation Organization (ICAO) and the rules for provision of air navigation information in civil aviation.

      2. Individual or legal entities serving as a source of air navigation information shall be obliged in accordance with the rules for provision of air navigation information in civil aviation, to provide, on a gratuitous basis, the necessary information to ensure flight safety and bear responsibility for the credibility, accuracy and timeliness of provision of such information.

      3. The authorized body in the scope of civil aviation shall carry out the control of ensuring the authenticity, accuracy and timeliness of provided aeronautical information.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 22. Types of air traffic maintenance

      1. Air traffic maintenance shall include the following types:

      1) dispatching service of air traffic that means the service, provided in controlled air space for the purposes of:

      prevention of collisions between aerial vehicles and aerial vehicles with obstacles on the maneuvering area;

      acceleration and regulation of air traffic;

      2) inflight and informative maintenance, the purpose of which is provision of advices and information with the use of existing communication facilities for safety ensuring of flight performance;

      3) alarm reporting that is maintenance, provided for notification of the relevant organizations on aerial vehicles, being in need of help of search and rescue services and rendering of necessary assistance to such organizations.

      2. Dispatching service of air traffic shall be divided into:

      region dispatching service for ensuring of dispatching service of flights in the controlled air space;

      dispatching service of the approach for ensuring the dispatching service of flights that linked with arrival and departure of aerial vehicles from the aerodromes (helicopter aerodromes);

      aerodrome dispatching service for ensuring the dispatching service of aerodrome traffic.

      For ensuring the dispatching service of air traffic, the air traffic support body shall:

      1) provide information on expected traffic of every aerial vehicle or its changing, as well as the last information on factual flight progress of every aerial vehicle;

      2) determine comparative location of aerial vehicles on the basis of received information, on which it is informed in respect of each other;

      3) issue permits and information for prevention of collisions between aerial vehicles controlled by them, as well as for acceleration and maintenance of the ordered traffic flow;

      4) coordinate permits with other air traffic support bodies (air traffic control bodies) if appropriate, when the aerial vehicle may create conflicting situation with other aerial vehicles, performing the flight under control of other air traffic support bodies (air traffic control bodies), or before turning over the control of aerial vehicle to other air traffic support bodies (air traffic control bodies).

      Organization and provision of dispatch services of aircraft, including requirements for separation of aircraft, are determined by the Instruction on organization and maintenance of air traffic.

      3. Dispatch permits issued by air traffic services units are based on the requirements for provision of air traffic control services.

      4. Flight information services are provided for all aircraft the flights of which may be affected by this information and which are provided by the air traffic control service or whose location is known to the air traffic services unit.

      5. Alarm reporting shall be provided by:

      1) all aerial vehicles provided by dispatching service of the air traffic;

      2) all other aerial vehicles, presented the flight plan or location of which is known to the air traffic support body;

      3) any aerial vehicles in respect of which it is known or suggested that they are the object of illegal interference.

      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 23. Flight rules

      Flights of aircraft over the territory of the Republic of Kazakhstan are carried out in accordance with the rules for performing flights in civil and state aviation.

      On board an aircraft, when performing flights, there must be the aircraft documents stipulated by the rules for performance of flights in civil and state aviation.

      Footnote. Article 23 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 24. Flight plan of aerial vehicle

      1. Information in respect of planned flight or part of flight subject to sending to the air traffic support bodies and (or) the air traffic control bodies shall be presented in the form of flight plan in existence of permits for use of air space, provided by this Law, with the exception of the flight of aerial vehicle, performed in cases:

      1) holding off the air attack, prevention and termination of the violations of State Boundary of the Republic of Kazakhstan in air space or armed invasion in the territory of the Republic of Kazakhstan;

      2) rendering of assistance upon emergency situations of social, natural and technogenic nature, search and evacuation of space vehicles and their crew teams;

      3) prevention and (or) termination, and (or) restraint of the violations of order of using the air space.

      2. Procedure for presenting a flight plan, introduction of amendments and closing a flight plan, its content shall be determined by the Rules of using the air space of the Republic of Kazakhstan.

      3. Upon the flights in uncontrolled air space, the use of air space shall be obliged to notify the air traffic support bodies and (or) the air traffic control bodies on forthcoming flight and present the flight plan in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.

      Footnote. Article 24 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. Priorities in the use of airspace

      The airspace of the Republic of Kazakhstan is accessible to all airspace users with equal rights for its use.

      If there is a need to use airspace simultaneously by two or more users, the priority right for its use shall be given to the users in accordance with the state priorities in the following sequence:

      1) anticipation of an air attack or prevention and termination of violation of the State border of the Republic of Kazakhstan in airspace, the procedure for the use of airspace, elimination of the use of force or a threat of the use of force against the sovereignty, territorial integrity and security of the Republic of Kazakhstan;

      2) assistance in natural and other disasters, cataclysms, accidents, emergency and other situations that threaten the life or health of people or create the danger of causing significant material damage;

      3) launching, landing, search and evacuation of space vehicles and their crews;

      4) flights performed in accordance with the Rules for organization and provision of especially important flights of the Republic of Kazakhstan;

      5) the conduct of the scheduled exercises of the authorized body in the field of state aviation, as well as the flights of aircraft or other activities carried out in accordance with the resolutions of the Government of the Republic of Kazakhstan;

      6) regular flights for transportation of passengers, cargo and postal items;

      7) flights of state aviation of the Republic of Kazakhstan, as well as of other states;

      8) the conduct of experimental and research works;

      9) irregular air transportation and performance of aviation works;

      10) the conduct of educational, demonstration, cultural and educational activities, as well as flights for the personal purposes of the operator.

      Footnote. Article 25 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 26. Prohibition or restriction of the use of airspace

      The use of the airspace of the Republic of Kazakhstan or its individual areas is prohibited or restricted for flights of aircraft in cases of carrying out the activities provided for by subparagraph 2) of paragraph 1 of Article 18 and subparagraphs 1) - 5) of Article 25 of this Law, by the authorized body in the field of state aviation, in the order, established by the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 26 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 27. Violation of the procedure for using the air space

      1. The violations of the procedure for using the air space of the Republic of Kazakhstan shall include:

      1) the activities specified in Article 18 of this Law carried out without the submission of a flight plan (for flights in uncontrolled airspace without notice) and (or) without permission to fly, and (or) without permission to carry out activities posing a threat to flight safety;

      2) flight of the group of aerial vehicles, the quantity of which exceeds the quantity, stated in permit;

      3) non-compliance of aerial vehicles with the regimes of using the air space;

      4) overflight of forbidden zone and (or) restricted area of aerial vehicle without the special permit of the air traffic control bodies of the authorized body in the scope of state aviation;

      5) landing of aerial vehicles on aerodrome, not stated in the flight plan, except for the cases of unscheduled landing and setting a course to alternate aerodrome;

      6) deviation from the air routes and from the axes of the routes to distances greater than the norms established by the Rules for the use of the airspace of the Republic of Kazakhstan, except for cases of an obvious threat to flight safety and prevention of an aviation accident;

      7) non-carrying out of the instructions of the air traffic support bodies or the air traffic control bodies by users of air space, with the exception of cases of visible threat to the flight operating safety and aviation accident prevention.

      2. Authorized bodies in the scopes of civil and state aviation, air traffic support bodies, air traffic control bodies shall be obliged to take necessary measures to prevent and (or) terminate, and (or) to suppress the violations of the procedure for using the air space in accordance with their competence, and air space users, admitted the violation of procedure for using the air space shall be obliged to terminate mentioned violation at their expense and (or) using their own efforts.

      Air traffic support bodies shall have the right to restrain foreign aerial vehicle to landing on the aerodrome of the Republic of Kazakhstan at the request of competence state bodies for inspection in existence of information on the unstated production being on board, subject to export control in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 28.Deviation of aerial vehicle from the flight plan. Aerial non-compliant vessel

      1. Upon deviation of aerial vehicle from the established flight plan, the air traffic support body (air traffic control body) shall be obliged to take the following measures immediately:

      1) use all available means for establishment of connection with crew team of aerial vehicle and for determination of location of the aerial vehicles deviated from established flight plan;

      2) inform the allied air traffic support bodies and air traffic control bodies in the area of responsibility of which, the aerial vehicle possibly entered or may enter as a result of deviation.

      2. When the location of aerial vehicle is established, the air traffic support body (air traffic control body) shall inform the crew team of aerial vehicle on its location and corrective actions, which shall be performed.

      3. Aerial vehicle, violated the State Boundary of the Republic of Kazakhstan in air space or admitted another violation of the procedure for using air space of the Republic of Kazakhstan shall be recognized by an aerial non-compliant vessel and shall be subject to compulsory landing, if it does not obey the requirements of the air traffic support bodies and (or) the air traffic control bodies.

      Aerial non-compliant vessel, received the warrant on landing shall land in the stated place immediately.

      4. In the cases of creating a threat to the security of the Republic of Kazakhstan, life and security of people on its territory and its strategic sites, all measures are taken to prevent the threat, up to the destruction of the intruder aircraft, in accordance with the Rules for the use of arms and military equipment against intruder aircraft, infringing the airspace of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan in agreement with the Administration of the President of the Republic of Kazakhstan.

      5. In case, when there is true information that passengers and other persons, not accessory to violation of the procedure for using air space are on board, the state shall abstain from weapon employment against civil aerial vehicles in flight.

      Aerial non-compliant vessel shall be subject to detention on the landing aerodrome upon non-compliance with conditions of taking-off in air space of the Republic of Kazakhstan and (or) in cases of violation of the procedure for using air space.

      The further flight of aerial non-compliant vessel after investigation of the violation shall be permitted in the manner, determined by the Rules of using air space of the Republic of Kazakhstan.

      The violation of established requirements for using air space of the Republic of Kazakhstan shall be subject to investigation in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 29. Communication organization for use of air space

      1. Users of aerial vehicle shall be obliged to be in communication with the air traffic support bodies and (or) air traffic control bodies in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      2. Communication organization shall provide necessary communication channels on lease to the air space users. In case of breakdown of provided communication channels, they shall be replaced by another communication channels.

Article 30. Radio communication upon air traffic maintenance or air traffic control

      1. Radiotelephony and (or) coordination link shall be used for communication upon air traffic maintenance or air traffic control.

      2. Means of communication shall enable to lead the direct, operational, continuous and noise free bi-directional communication between air traffic support bodies (air traffic control bodies) and air space users.

      3. Individuals and legal entities that have the installations and devices, creating noises to the means of radio-technical support of the flights of aerial vehicles and radio communication with them shall be obliged to eliminate noises using own efforts upon request of the authorized body in the field of communication and its subdivisions, and before their elimination shall be obliged to terminate operation of such installations and devices.

      4. The procedure for providing communications, the requirements of air traffic services units for providing communications, description of communication devices in civil aviation are determined by the rules of radio technical support for flights and aviation telecommunications in civil aviation.

      5. Procedures for conducting the radio communication shall be determined by the Rules of verbality of radio communication upon performance of flights and air traffic maintenance, approved by the authorized body in the scope of civil aviation.

      6. Radiotelephony communication in the territory of the Republic of Kazakhstan shall be carried out in Kazakh, Russian and English languages.

      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 31. Flights over a populated area

      1. Aircraft flights are carried out over densely populated areas of cities or towns at the altitude that ensures, in the event of emergency or emergency circumstances, the landing that does not endanger people or property on the ground, unless it is necessary for take-off or landing or a permission of the air traffic control authority is issued for this.

      2. The schemes (routes) of aircraft flights over the populated areas are coordinated with the national security bodies and the authorized body in the field of state aviation and approved by the authorized body in the field of civil aviation.

      3. During the conduct of security measures, the flights of aircraft and unmanned aerial vehicles over the populated areas are coordinated with the national security bodies and the State Security Service of the Republic of Kazakhstan.

      4. The procedure for coordination and implementation of flights over a populated area shall be determined by the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 31 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 32. Demonstration flights

      1. Demonstration flights, which are not a stage of certification of aircraft operators, are used to display aviation equipment, to promote aviation achievements, and to provide socio-political and spectacular cultural events.

      2. Demonstration flights of aerial vehicles shall be performed in established zones (regions) with observance of safety measures, excluding the crash of aerial vehicle on residential areas and crowds of people.

      3. Responsibility for safety of demonstration flights shall be imposed on their organizer.

      Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 33. Flights of pilotless vehicles

      1. Operation of an unmanned aerial vehicle should minimize the threat of harm to life or health of people, damage (harm) to property, danger to other aircraft, subject to the conditions established by the Rules for the use of the airspace of the Republic of Kazakhstan and operational documentation of an unmanned aerial vehicle.

      2. Operators of unmanned aerial vehicles shall report to the air traffic services and (or) air traffic control authorities the detailed information on the planned flights of unmanned aerial vehicles in accordance with the Rules for the use of the airspace of the Republic of Kazakhstan.

      3. Flights of unmanned aerial vehicles over the protected objects are coordinated with the State Security Service of the Republic of Kazakhstan.

      Footnote. Article 33 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 34. Radio-technical support

      1. Radio technical support of flights, which involves provision of communication, navigation and surveillance systems, is carried out by the organizations of operation of radio technical equipment and communications of civil and (or) state aviation.

      2. Procedure for organization and carrying out of the activity on radio-technical support of flights upon the air traffic maintenance or air traffic control for the purpose of flight operating safety and flight regularity, taking-off and landing of aerial vehicles shall be determined:

      1) for civil and experimental aviation in accordance with the rules of radio technical support of flights and aviation telecommunications in civil aviation;

      2) for the state aviation in accordance with the Rules of communication organization and radio-technical support of the state aviation of the Republic of Kazakhstan and Rules of the maintenance operations of the means of communication, radio-technical support of flights and automated control system of the state aviation, approved by the authorized body in the scope of civil aviation.

      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35. Meteorological support of flights

      1. Meteorological support of flights of aerial vehicles shall consist in well-timed provision of qualitative meteorological information to the air operators, air traffic support bodies, air traffic control bodies and to other air space users of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, independently from their state affiliation, departmental affiliation and forms of ownership, on the basis of agreements.

      Functions of the authorized meteorological authority are performed by the authorized body in the field of civil aviation.

      2. Meteorological support of civil and experimental aviation flights is performed by providers of air navigation service in accordance with the rules of meteorological support for civil aviation approved by the authorized body in the field of civil aviation.

      Meteorological support of the flights of state aviation is carried out in accordance with the rules of meteorological support of the state aviation of the Republic of Kazakhstan.

      Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35-1. Certification of air navigation service provider

      1. Air navigation service providers should comply with the certification requirements for air navigation service providers.

      The compliance of air navigation service providers is confirmed by the issuance of an air navigation service provider certificate indicating the scope of its use and the permitted types (sub-types) of activity.

      Certification of the air navigation service providers is carried out by the authorized body in the field of civil aviation.

      As agreed with the authorized body in the field of civil aviation, temporary deviations from certification requirements are allowed, if such deviations are compensated by introducing additional measures ensuring a level of flight safety equivalent to the established one.

      2. The procedure for conduct of certification, issuance or suspension (revocation) of the certificate of the air navigation service provider, making changes and / or amendments thereto shall be determined by the rules for certification of air navigation service providers.

      3. Refusal to issue an air navigation service provider certificate is made in cases where the applicant does not meet the certification requirements.

      4. The authorized body in the field of civil aviation in case of detection of violations of certification requirements takes measures in the following order for the continuity of air navigation services:

      1) requires the holder of the air navigation service provider certificate to submit a corrective action plan in accordance with Article 16-3 of this Law and its implementation;

      2) initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses in the event of failure to perform or improperly performance of the corrective action plan;

      3) depending on the violation, withdraws the certificate of the air navigation service provider or suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) if violations of certification requirements are not eliminated in the next six months from the date of bringing to administrative responsibility.

      Validity of the certificate of the air navigation service provider may be wholly or partially limited, also at the request of its holder, in accordance with the rules for certification of air navigation service providers.

      Footnote. Chapter 3 is supplemented by Article 35-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35-2. Ensuring flight safety in the event of a change in functional air traffic management systems

      1. Air navigation service providers shall, prior to introduction of changes in the functional air traffic management systems related to flight safety, notify in advance of such changes the authorized body in the field of civil aviation in the manner prescribed by the rules of certification of air navigation service providers.

      2. The list of changes in the functional systems of air traffic management, subject to prior agreement with the authorized body in the field of civil aviation, as well as the procedure and conditions for such harmonization are determined by the rules of certification of air navigation service providers.

      3. For violation of the provisions of this article, air navigation service providers bear administrative responsibility in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.

      Footnote. Chapter 3 is supplemented by 35-2 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 36. Release of airways to service

      Airways shall be released to service in accordance with the rules for admission of airways to operation, approved by the authorized body in the field of civil aviation.

      Data on airways shall be published in air navigation information documents.

      Footnote. Article 36 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 37. Measure units for the purpose of performing the flights and air traffic maintenance

      1. The unified system of coordinate, height, gravimetrical and satellite measurements that conforms to the requirements of International Civil Aviation Organization (ICAO) standards shall be established for the purpose of performing the flights and air space maintenance in the territory and in the air space of the Republic of Kazakhstan.

      2. The measurement systems used shall be specified in the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 38. Protection against harmful effect of the flights of aerial vehicles

      1. Civil aerial vehicle, intended for operation in the Republic of Kazakhstan shall be certified by the authorized body for conforming to requirements of International Civil Aviation Organization (ICAO) in respect of noise in the place with issuing the noise certification being the annex to air worthiness certification of the civil aerial vehicle.

      Conduct of certification procedure and issuance of noise certification shall be carried out in accordance with the Rules of certification procedure and issuance of the air worthiness certification of the civil aerial vehicle of the Republic of Kazakhstan.

      Owners of aerodromes (helicopter aerodromes), air operators, commanders and members of the crew team of aerial vehicles shall be obliged to prevent unnecessary noises or minimize them upon operation of aerial vehicles on the ground or in the air space.

      2. Dropping of substances or other wastes and materials, hazardous to health of people and environment from aerial vehicles shall be prohibited, with the carrying out of performance of aviation works in agricultural economy, performed in compliance with the safety measures of population and environment, operational and combat flights of the state aviation or in case of visible threat to the flight operating safety and prevention of the aviation accident.

      Evacuation zone of aerial vehicle, zone of fuel draining or its depletion in flight, where the minimal flight height equal for all aerial vehicles or separately by the types of aerial vehicles is provided, may be established in particular regions for the purpose of prevention the harm effect of aerial vehicles on people, animals and environment.

      3. Flights of aerial vehicles in air space of the Republic of Kazakhstan with hypersonic velocity shall be performed at heights, excluding harmful effect of acoustic impact to environment, according to general rules or in the areas, far from inhabited localities, which are allocated specifically for hypersonic flights.

      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. INTERNATIONAL FLIGHTS Article 39. International flights of aerial vehicles of the Republic of Kazakhstan

      1. International flights of aerial vehicles of the Republic of Kazakhstan shall be carried out on the basis and in accordance with conditions of:

      1) international treaties, the participant of which is the Republic of Kazakhstan;

      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;

      3) special permits for performance of single flights, issued by the competent body of the relevant foreign states.

      2. Request for receipt of the special permit for the flight of aerial vehicle of the Republic of Kazakhstan in air space of the foreign state shall be transmitted to foreign states by the authorized body, carrying out foreign policy activity in cases of:

      international flights of the state and (or) experimental aviation of the Republic of Kazakhstan;

      international flight of civil aerial vehicle of the Republic of Kazakhstan, transporting civil servants, determined by the resolution of the Government of the Republic of Kazakhstan.

      Request shall be performed on the basis of applications of interested state bodies of the Republic of Kazakhstan upon compliance with all requirements, concerning the vessel documents, certificates for the members of crew team, copies of insurance policies, as well as other requirements and rules, valid in the territory of the Republic of Kazakhstan and foreign states, in the territory (through the territory) of which the flight operation is planned.

      3. The air operator of civil aerial vehicle shall carry out the request on an individual basis for receiving the special permit, issued by the competent bodies of the relevant states for flight of civil aerial vehicle of the Republic of Kazakhstan in the air space of foreign state. In existence of requirement of the competent body of foreign state to issue special permit upon the request of the authorized body, carrying out foreign policy activity, the authorized body in the scope of civil aviation shall carry out such requests in accordance with paragraph 2 of this Article on the basis of application of the air operator of civil aerial vehicle.

      4. Upon performance of occasional international flight beyond the air space of the Republic of Kazakhstan, the air operator of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to notify the authorized body in the scope of civil aviation on date and purpose of performed flight in the manner, established by the authorized body in the scope of civil aviation.

      5. International flight of the air operator of civil aerial vehicle for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products shall not be allowed without coordination with the authorized body in the scope of civil aviation. The authorized body in the scope of civil aviation in turn shall carry out the coordination of this flight with the body, carrying out foreign policy activity within its competence.

      6. Upon performance of the international flight in air space of foreign state, in case of requirement of the authorized body of foreign state on compulsory landing on the stated aerodrome, the crew team of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to carry out this requirement.

Article 40. Flights of aerial vehicles of foreign states in the air space of the Republic of Kazakhstan

      1. Flights of aerial vehicles of foreign states in air space of the Republic of Kazakhstan shall be carried out on the basis of:

      1) international treaties, the participant of which is the Republic of Kazakhstan;

      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;

      3) permits for performing the international regular flights through the territory of the Republic of Kazakhstan without landing or with landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes;

      4) permissions to perform international non-scheduled (one-time) flights, except for the flights without landing, subject to prior notification to air traffic services units;

      5) special (diplomatic) permits for performance of single flights.

      2. Permits for performance of international regular flights through the territory of the Republic of Kazakhstan without landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes shall be issued by the authorized body in the scope of civil aviation.

      3. Special (diplomatic) permits shall be issued in accordance with the Rules of using the air space of the Republic of Kazakhstan by the authorized body, carrying out the foreign policy activity, for performance of single flights:

      1) of the state and experimental aerial vehicles;

      2) of civil aerial vehicles, transporting the civil servants of foreign states according to the list, established by the Rules of using the air space of the Republic of Kazakhstan;

      3) of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products.

      4. Permissions to perform international non-scheduled (one-time) flights of civil aircraft shall be issued by the authorized body in the field of civil aviation, taking into account the provisions of paragraph 3 of this article.

      The procedure for issuance of permissions to perform international non-scheduled (one-time) flights of civil aircraft and provision of preliminary notifications on the flights performed without landing shall be established by the Rules of issue and grounds for refusal to issue permissions to perform international non-scheduled flights.

      4-1. Performance of international occasional (single) flights, linked with commercial airborne transportation, formed in the territory of the Republic of Kazakhstan by civil aerial vehicles of foreign air operators shall not be allowed, unless otherwise provided by the international treaties of the Republic of Kazakhstan or permits, issued by the authorized body in the scope of civil aviation.

      5. The grounds for refusal in issuance of permits, as well as special (diplomatic) permits for performance of international occasional (single) flights of aerial vehicles shall be in the following cases:

      1) prohibition of using the air space of the Republic of Kazakhstan or its particular areas, through which the route of the flight of aerial vehicle goes by the authorized body in the scope of state aviation in accordance with Article 26 of this Law;

      2) taking flight of aerial vehicle would violate the provisions of international treaties, the participant of which is the Republic of Kazakhstan;

      3) intended flight would violate the Rules of using the air space of the Republic of Kazakhstan and (or) another legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity.

      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 41. Performance of international flights in air space of the Republic of Kazakhstan

      1. General provisions, regulating the performance of flights and operation of aerial vehicles shall be in force upon performance of international flights of the national aerial vehicles and aerial vehicles of foreign states in the air space of the Republic of Kazakhstan in accordance with this Law.

      2. International flights in the air space of the Republic of Kazakhstan shall be carried out on the international air paths.

      Procedure for opening of the air paths for international flights of aerial vehicles shall be determined by the Rules of using the air space of the Republic of Kazakhstan.

      Intersection of the State Boundary of the Republic of Kazakhstan in air space shall be performed by aerial vehicles in the points of intersection of its international paths or through air corridors, appropriated specially for these purposes in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.

      3. Performance of international flights on inland air paths, local air lines, flight routes and beyond the air paths shall be admitted in concurrence with the authorized bodies in the scope of civil and state aviation.

      4. Exclusion from the order, established by the Rules of using the air space of the Republic of Kazakhstan shall be admitted in cases:

      1) natural disaster, catastrophe, accidents, accident situations on aerial vehicle and in other cases, threatening to life or health of people;

      2) provided by the international treaties, ratified by the Republic of Kazakhstan;

      3) of receiving the permit, issued in the manner, determined by the Rules of using the air space of the Republic of Kazakhstan.

      5. For the purpose of international flights, the geodeticsystem of reference, conformed to the standards of International Civil Aviation Organization (ICAO) shall be used as the geodetic reference system in a horizontal plane.

      6. Flight of aerial vehicles from the territory of the Republic of Kazakhstan, as well as their landing after taking off in the territory of the Republic of Kazakhstan shall be performed on aerodromes, opened for international flights.

      7. Force of passport, customs, currency, sanitary and epidemiological rules and regulations, established by the legislation of the Republic of Kazakhstan shall be applied to all aerial vehicles, their crew teams and passengers, arriving in the territory of the Republic of Kazakhstan and departing from its territory or flying through, as well as to all their property, brought from this territory.

      8. Certificates of aviation personnel, vessel documents being on the board of civil aerial vehicles of foreign states shall be recognized valid in the territory of the Republic of Kazakhstan, if they conform to International Civil Aviation Organization (ICAO) standards. In case of lease, freightage (charter) or interchange of aerial vehicles, the certificates of aviation personnel, vessel documents, being on the board of civil aerial vehicles of foreign states, issued under agreements between foreign states shall be recognized as valid in the territory of the Republic of Kazakhstan.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. AERIAL VEHICLES Article 42. Classification of aerial vehicles

      1. Depending on belonging to aviation, aerial vehicles shall be divided into:

      state aerial vehicles;

      civil aerial vehicles;

      experimental aerial vehicles.

      2. State aerial vehicle shall be aerial vehicle, used in the state aviation and registered in register of aerial vehicles of the state aviation.

      3. Civil aerial vehicle shall be aerial vehicle, used in civil aviation and registered in state register of civil aerial vehicles of the Republic of Kazakhstan or foreign state.

      Classification of civil aircraft, depending on the aircraft performance characteristics and aircraft data shall be determined by the Rules for performance of flights in civil aviation of the Republic of Kazakhstan.

      4. Experimental aerial vehicle shall be aerial vehicle, intended for conducting design and development, experiments research and development works and trials.

      Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 43. Type certificate of civil aerial vehicle

      1. Civil aerial vehicle of new construction (new type), intended for batch production shall be subject to certification procedure by the authorized body in the scope of civil aviation for compliance with its air worthiness standards effectual in the Republic of Kazakhstan and shall have the type certification after its passing of factory, state and operating tests, issued by the authorized body in the scope of civil aviation.

      2. Type certification of civil aerial vehicle shall be carried out in accordance with the Rules of certification procedure and issuance of type certification.

      3. Developer of civil aerial vehicle shall be the owner of type certification.

      4. In case of change of approved type construction (type design) of civil aerial vehicle or its operations documentation, having an impact on air worthiness, this type of aerial vehicle shall be subject to additional certification procedure by the authorized body in the scope of civil aviation for receiving addition to the type certification.

      5. Force of the type certification, issued by the authorized body in the scope of civil aviation shall be suspended, and operation of aerial vehicle shall be temporary terminated in the manner, established by the Rules of certification procedure and issuance of the type certification, in case of detecting the defects, threating the flight operating safety.

      6. The type certification issued by foreign state, international organization in the scope of civil aviation, carrying out the certification procedure of aerial vehicles shall be recognized by the authorized body in the scope of civil aviation in the manner, established by the Rules of certification procedure and issuance of the type certification.

      Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 44. Certification procedure of the civil aerial vehicle sample

      1. Each civil aerial vehicle sample that does not have the type design shall be certified and have the certificate of compliance of its construction, characteristics and operations documentation with the air worthiness standards, issued by the authorized body in the scope of civil aviation.

      Aerial vehicle, on which the certificate for compliance of construction, characteristics and operations documentation with air worthiness standards is issued, shall not be allowed to carrying out of commercial airborne transportations.

      2. Certification of a civil aircraft shall be carried out by the authorized body in the field of civil aviation with the involvement of non-profit organizations that unite the operators of aircraft in accordance with the rules of certification in the field of light and ultra-light aviation.

      Footnote. Article 44 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 45. State registration of aircraft, rights to them

      Footnote. The title of Article 45 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. State aerial vehicles shall be subject to the state registration in Register of aerial vehicles of the state aviation of the Republic of Kazakhstan in accordance with the Rules of registration of aerial vehicles of the state aviation of the Republic of Kazakhstan.

      Possessor of the state aerial vehicle shall be issued by notification on the state registration of aerial vehicle in the Register of aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.

      2. Civil aircraft are subject to state registration in the State register of civil aircraft of the Republic of Kazakhstan in accordance with the Rules for the state registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, approved by the authorized body in the field of civil aviation.

      A civil aircraft is registered in the State register of civil aircraft of the Republic of Kazakhstan at the request of the owner or with the consent of the owner, its operator, provided that:

      1) the aircraft is not registered in another state;

      2) the owner or operator of the aircraft is an individual or legal entity of the Republic of Kazakhstan;

      3) an aircraft type certificate or other similar document has been issued or recognized valid by the authorized body in the field of civil aviation.

      The operator (owner) of the registered civil aircraft receives a certificate of state registration of a civil aircraft from the authorized body in the field of civil aviation.

      The aircraft included in the State register of civil aircraft of the Republic of Kazakhstan must comply with the norms of airworthiness of civil aircraft of the Republic of Kazakhstan and the requirements of operational and technical documentation determining its airworthiness.

      2-1. The authorized body in the field of civil aviation refuses to register a civil aircraft if the aircraft does not meet the requirements of airworthiness.

      2-2. From the moment of registration in the State register of civil aircraft of the Republic of Kazakhstan, a civil aircraft acquires the national affiliation to the Republic of Kazakhstan.

      The certificate of state registration is on board the aircraft.

      The rights to civil aircraft owned by individual or legal entities of the Republic of Kazakhstan, as well as irrevocable authorities are subject to registration by the authorized body in the field of civil aviation in the State register of civil aircraft of the Republic of Kazakhstan.

      3. Rights to civil aerial vehicles, being in the ownership of individuals or legal entities of the Republic of Kazakhstan, and transactions, consummated with mentioned aerial vehicles, as well as irrevocable powers shall be subject to registration by the authorized body in the scope of civil aviation in the State register of civil aerial vehicles of the Republic of Kazakhstan.

      Fee shall be collected for the state registration of civil aerial vehicles, pledge agreements of aerial vehicles and irrevocable powers in the manner and amount, determined by the Code of the Republic of Kazakhstan “On taxes and other compulsory payments to the budget” (Tax Code). The state registration of civil aerial vehicles shall be carried out after payment of mentioned fee to the state budget.

      4. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      5. Experimental aerial vehicles shall be registered in the authorized body in the scope of civil aviation.

      6. Unmanned aerial vehicles from the moment of acquisition of the right of ownership for the purpose of exploitation are subject to registration in the authorized bodies in the field of civil and state aviation in the manner established by the Rules for the State registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, and the Rules for registration of aircraft of state aviation of the Republic of Kazakhstan.

      Categories of unmanned aerial vehicles subject to registration are determined by the Rules for the state registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, and the Rules for registration of aircraft of the state aviation of the Republic of Kazakhstan.

      Persons acquiring unmanned aerial vehicles for the purpose of exploitation shall apply for registration to the authorized body in the field of civil aviation.

      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 46. Exclusion of aerial vehicle from the register

      1. Aerial vehicle shall be excluded from the relevant register of aerial vehicles of the Republic of Kazakhstan in cases:

      1) of retirement or taking out aerial vehicle of service;

      2) of sale or delivering aerial vehicle to foreign state, foreign individual or legal entity;

      3) of registration of civil aerial vehicle in the Register of aerial vehicles of state aviation of the Republic of Kazakhstan or register of foreign states;

      4) of registration of civil aerial vehicle in the State register of civil aerial vehicles of the Republic of Kazakhstan;

      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      5-1) the aircraft was declared missing;

      6) of fulfilling irrevocable power.

      The agreement of a pledgeholder shall be required compulsorily for exclusion of aerial vehicle, being in pledge from the State register of civil aerial vehicles of the Republic of Kazakhstan.

      2. Upon exclusion of aerial vehicle from the relevant register, the certificate on registration of vessel and all records, made in respect of this vessel in register shall lose force.

      3. The authorized body in the scope of civil aviation shall issue the certificate on exclusion of aerial vehicle from the State register of civil aerial vehicles of the Republic of Kazakhstan to the possessor of aerial vehicle.

      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 47. Admission to operation and maintenance of air worthiness of aerial vehicles

      1. State aerial vehicle shall be admitted to operation in the manner, established by the authorized body in the scope of civil aviation.

      2. Civil aviation vehicle shall be airworthy and admitted to operation upon existence of valid air worthiness certification.

      Civil aerial vehicle shall be recognized airworthy, if it is constructed, produced, equipped and passed maintenance operation and repair, as well as has flying qualities in accordance with requirements of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity and environmental legislation of the Republic of Kazakhstan.

      When flying over the territory of the Republic of Kazakhstan, a foreign aircraft must have a certificate of airworthiness and a noise certificate issued by a foreign state on the basis of the standards of the International Civil Aviation Organization (ICAO).

      The certificate of airworthiness is issued to aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan:

      1) on the basis of the compliance of the civil aircraft with the airworthiness norms and operating documentation approved for this standard design or other similar documents in accordance with the confirmed assessment report of validity for operation;

      2) in accordance with the rules of certification and issuance of the certificate of airworthiness of the civil aircraft of the Republic of Kazakhstan;

      3) in accordance with the rules of certification in the field of light and ultra-light aviation.

      Air worthiness certification procedure shall be carried out by the authorized body in the scope of civil aviation.

      Certification of airworthiness of light and ultra-light aircraft performing aviation works and flights for general aviation purposes shall be carried out by the authorized body in the field of civil aviation with the involvement of non-profit organizations that unite the operators of aircraft.

      Air worthiness certification of aerial vehicle that doesn’t have approved type design shall be carried out by the authorized body in the scope of civil aviation with involving the non-commercial organizations, uniting the air operators of aerial vehicles.

      The procedure for attracting non-profit organizations that unite the operators of aircraft and the qualification requirements of specialists of such organizations shall be determined by the rules of certification in the field of light and ultra-light aviation.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 NO. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      4. Recognition of certificates of airworthiness of civil aircraft issued by a foreign state when civil aircrafts are included in the State register of civil aircraft of the Republic of Kazakhstan is carried out in accordance with the rules of certification and issuance of a certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan.

      5. Maintenance of airworthiness of a civil aircraft and its components is provided in accordance with the requirements of the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan.

      The release to service of light and ultra-light aviation aircraft not participating in commercial air transportation is carried out in accordance with the rules of certification in the field of light and ultra-light aviation.

      6. Responsibility for maintenance of air worthiness of civil aerial vehicles shall be imposed on the air operator of civil aerial vehicle.

      The air operator of aerial vehicle shall be prohibited to perform the flights in cases, if:

      1) aerial vehicle is not maintained in airworthy condition;

      2) safety equipment is defected;

      3) validity of airworthiness certificate determined by the authorized agency for civil aviation expired;

      4) maintenance operation and repair of aerial vehicle is not performed in accordance with the program (reglament) on its maintenance operation.

      7. An owner or operator of an aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan, in accordance with the rules of certification and issuance of the certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan, provides the authorized body in the field of civil aviation with information on the state of airworthiness, technical maintenance and repair of an aircraft, as well as data on its operation.

      8. All aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall be subject to verification in respect of maintenance of air worthiness. Upon detection of non-conformance of the aerial vehicle to the air worthiness standards, the force of air worthiness certification shall be suspended, and operation of aerial vehicle shall be prohibited by the authorized body in the scope of civil aviation before elimination of non-conformance of aerial vehicle to the air worthiness standards.

      In case of non-elimination of non-conformance of aerial vehicle to the air worthiness standards within six months from the date of suspension, the air worthiness certification shall be revoked.

      Verification of the air worthiness maintenance of aerial vehicle shall include:

      1) verification of reports and operating documents of the air operator on maintenance operation and repair of aerial vehicle and other reports and documents on technical condition of aerial vehicle;

      2) inspection of aerial vehicle;

      3) conduct flight tests of aerial vehicle under control of the authorized body in the scope of civil aviation if appropriate.

      For conducting flight tests or flights to the place of conducting the maintenance operation and repair of aerial vehicle that does not have valid air worthiness certification, the authorized body in the scope of civil aviation shall issue permit for performance of the special flight for such aerial vehicle.

      Before issuance of permit for performance of the special flight, the authorized agency for civil aviation shall be obliged to assess the aerial vehicle condition for safety performance of flight and establish required restrictions to its operation. When performing the special flight, the carriage of passengers on board of aerial vehicle shall be prohibited.

      8-1. A permission for a special flight is issued to an aircraft that does not have a valid airworthiness certificate, but which, on the basis of an assessment of the operator and the authorized body in the field of civil aviation, is able to perform a safe flight under the conditions set forth below and for the following purposes:

      1) flight tests after production of new aircraft;

      2) flight tests after technical maintenance and (or) repair in accordance with operational (repair) documentation;

      3) delivery or export of an aircraft;

      4) flight of an aircraft for evaluation by the customer or the authorized body in the field of civil aviation;

      5) exhibitions and airshow;

      6) flight of an aircraft to the place of performance of technical maintenance, repair or storage;

      7) flight of an aircraft with a maximum certificated take-off mass for flights outside the safe flight distance above the water or above the ground in the areas that do not have suitable landing conditions or appropriate amount of fuel;

      8) achievement of records, participation in aviation competitions and similar competitions;

      9) the operation of aircraft or aircraft types on the territory of the Republic of Kazakhstan, for which a certificate of airworthiness or other similar document is not required in accordance with the legislation of the Republic of Kazakhstan.

      Permissions for a special flight are issued for a period not exceeding thirty calendar days in accordance with the rules of certification and issuance of a certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan.

      The authorized body in the field of civil aviation, when issuing permission for a special flight of an aircraft, has the right to establish the necessary restrictions on its operation. When carrying out a special flight, the transportation of passengers on board the aircraft is prohibited.

      9. In the event that radio transmitting equipment is installed on civil aircraft, the authorized body in the field of civil aviation issues a permission to use such equipment in accordance with the rules of certification and issuance of the certificate of airworthiness of the civil aircraft of the Republic of Kazakhstan.

      10. Civil aerial vehicles, performing international flights shall be equipped with equipment, satisfying the requirements of International Civil Aviation Organization (ICAO) standards.

      11. Flight books shall be maintained on each aerial vehicle, in which data on detected defects of aerial vehicle shall be recorded in the process of operation.

      The form and content of the logbook are established by the rules for performance of flights in civil and state aviation.

      12. For the export of civil aircraft excluded from the State register of civil aircraft of the Republic of Kazakhstan, the authorized body in the field of civil aviation issues an export certificate of airworthiness in accordance with the rules of certification and issuance of the certificate of airworthiness of civil aircraft of the Republic of Kazakhstan.

      Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication). ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 48. Maintenance operation and repair of civil aerial vehicles

      1. Technical maintenance and repair of civil aircraft are carried out in accordance with the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan by the certified organizations for technical maintenance and repair of aviation equipment. Technical maintenance and repair of civil aircraft of light and ultra-light aircraft that do not perform commercial air transportations are carried out by aviation personnel having a valid certificate issued in accordance with Article 54 of this Law or a certificate issued by a foreign state and recognized in accordance with Article 55 of this Law.

      2. Technical maintenance of civil aircraft is carried out according to the technical maintenance programs (regulations) approved by the state of registration of a civil aircraft.

      The program (regulations) for technical maintenance of an aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan is approved by the authorized body in the field of civil aviation.

      The program (regulations) for technical maintenance of light and ultra-light aircraft not participating in commercial air transportations is developed and approved by a non-profit organization uniting operators of aircraft, in agreement with the authorized body in the field of civil aviation.

      3. Use of aggregates, component parts and spare parts to them that do not have identifying documents (official lists, passport, marks, documents on admission to operation, authentic duplicates), issued by their producer or certified organization on maintenance operation and repair shall be prohibited upon conduct of maintenance operation and repair of civil aerial vehicles.

      4. Certification procedure of organizations on maintenance operation and repair of aviation equipment of civil aviation shall be carried out by the authorized body in the scope of civil aviation.

      The procedure for recognizing the certificates of foreign organizations for technical maintenance and repair of aviation equipment is determined by the rules of certification and issuance of a certificate of organization for technical maintenance and repair of aviation equipment of civil aviation.

      5. Certification organizations on maintenance operation and repair of aviation equipment of foreign states shall be admitted to works on maintenance operation and repair after recognition of their certifications by the authorized body in the scope of civil aviation. Procedure for recognizing certifications of foreign organizations on maintenance operation and repair of aviation equipment shall be established by the authorized body in the scope of civil aviation.

      6. A certified organization for technical maintenance and repair of aviation equipment that provides services to civil aircraft operators engaged in commercial air transportations in accordance with the standard flight safety management manual for aircraft technical maintenance is required to introduce a flight safety management system, depending on the volume and complexity of the works performed.

      Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 49. Designations, applied on aerial vehicles

      1. During registration, the aerial vehicles shall be assigned by the state and registration identifying markings, which shall be applied on these vehicles.

      2. In addition to state and registration identification marks, additional signs (symbols, inscriptions, emblems) may be placed on aircraft.

      Additional markings shall be applied on aerial vehicles by the method, not impeding visual identification of the state and registration identifying markings.

      3. Procedure for applying the state, registration identifying and additional markings on aerial vehicles and description of the mentioned Laws shall be determined in respect of civil and experimental aerial vehicles by the authorized body in the scope of civil aviation, and in respect of aerial vehicles of the state aviation – by the authorized body in the scope of civil aviation.

      Footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 50. Preparation to flight of aerial vehicle

      1. Preparation of aerial vehicle, aviation personnel, aerodromes, helicopter aerodromes shall precede to the flight of aerial vehicle.

      2. Rules of preparing to flights shall be established for civil and experimental aviation by the authorized body in the scope of civil aviation, for the state aviation – by the authorized body in the scope of civil aviation.

Article 51. Aerial vehicle lease

      1. Citizens or organization of the Republic of Kazakhstan being the possessors of aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall have the right to lease the vessel with crew team or without crew team to the air operator of the Republic of Kazakhstan or foreign air operator.

      An operator of the Republic of Kazakhstan has the right to rent an aircraft with or without crew that belongs to citizens or legal entities of the Republic of Kazakhstan or a foreign country on terms stipulated by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      1-1. Renting by an operator of the Republic of Kazakhstan of an aircraft without a crew registered in a foreign country or a foreign operator of an aircraft of the Republic of Kazakhstan without a crew is carried out only if there is an agreement concluded between the authorized body in the field of civil aviation and the competent authority of the foreign state where this aircraft is registered, in accordance with the Convention on International Civil Aviation. Such an agreement must be registered in the International Civil Aviation Organization (ICAO).

      1-2. Renting by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to citizens or legal entities of the Republic of Kazakhstan is performed for the term of the contract without entering the lessee into the operator's certificate (license for performance of aviation works).

      Renting by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to an operator of a foreign state is allowed by the permission of the authorized body in the field of civil aviation in the following proportion: for a lessee, possessing a fleet of up to five aircraft, - not more than one aircraft and for a lessee, possessing a fleet of more than five aircraft, - not more than twenty per cent of the total fleet of aircraft used for regular and irregular flights, and for a period not exceeding two months within one year without entering into the lessee into the operator's certificate.

      The passenger and cargo capacity of the leased aircraft should be comparable with the passenger and cargo capacity of the lessee’s aircraft.

      At that, passengers should be notified by the lessee about the carrier which actually performs the flight.

      The authorized body in the field of civil aviation recalls the permission previously granted to the operator of the Republic of Kazakhstan to lease an aircraft with the crew in cases of non-compliance with flight safety requirements, lack of effective operational control by the lessee or lessor, or supervision by the state that issued the operator's certificate and a certificate of airworthiness to the leased aircraft.

      2. Foreign lessee shall be prohibited to perform the flights on the leased aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or its air operator is the civil aviation organization of the Republic of Kazakhstan, in the zone of military actions, armed conflicts and performance of flights, linked with transportation of weapons, ammunition, military formations.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      4. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      Footnote. Article 51 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 52. Freight of aerial vehicle

      1. Freight of aerial vehicle shall be carried out in accordance with the contract of affreightment (charter).

      The contract of affreightment (charter) shall include the names of parties, type of aerial vehicle, aim of leasing, maximum amount of transported passengers, weight of luggage, cargo and postal matters, amount of freight, point of departure, time and point of destination of transportation.

      Contract of affreightment may include the other conditions as well.

      2. Carrier shall have the right to postpone time of beginning of the transportation and taking off time of aerial vehicle without requiring additional payment from the freighter in the landing areas, provided by the plan, to perform additional landings or change the flight route, if it is necessary for safety ensuring of the flight of aerial vehicle.

      3. Carrier shall be obliged to transfer all the seat capacity of aerial vehicle without undue delay and keep aerial vehicle in such condition so that it may be used for the purposes, provided by the agreement during the validity of the agreement.

      4. Freighter shall have the right to transfer affreight aerial vehicle in sub-charter under agreement of the carrier.

Chapter 6. AVIATION PERSONNEL Article 53. Classification of aviation personnel

      1. Aviation personnel shall be divided into aviation personnel of civil, state and experimental aviation depending on belonging to the types of aviation.

      2. Lists of positions of aviation personnel of state aviation shall be established by the order of the authorized body in the field of state aviation.

      3. Aviation personnel of civil aviation shall be obliged to comply with the rules of wearing of the uniform and rank badges in the manner, established by the authorized body in the scope of civil aviation.

      Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 54. Professional training and admission to the types of the activity of aviation personnel of civil aviation

      Footnote. Title of Article 54 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Professional training of aviation personnel of civil aviation shall include initial training, re-training and maintenance of professional level.

      Initial training and re-training of aviation personnel shall be carried out in aviation training centres.

      Maintenance of professional level shall be carried out in aviation training centres and (or) organizations of civil aviation.

      Level of qualification of aviation personnel is determined by individuals appointed by the authorized body in the field of civil aviation in accordance with the rules for determining the level of qualification of aviation personnel.

      Qualification level of aviation personnel of light and ultra-light aviation is determined by the permanent qualification commissions of non-profit organizations that unite the operators of aircraft in accordance with the rules for determining the level of qualification of aviation personnel.

      Training and retraining of aviation security personnel on aviation security service is carried out in aviation training centers certified by the authorized body in the field of civil aviation and / or training centers of the International Civil Aviation Organization (ICAO) for aviation security in accordance with the aviation security training and retraining program.

      Training and retraining of inspectors of the aviation security service is carried out by an independent training center in accordance with the aviation security training and retraining program.

      Training and retraining of aviation security personnel, having an unaccompanied access to the protected and restricted airport access zone, are conducted at the aviation training centers certified by the authorized body in the field of civil aviation and / or ICAO training centers for aviation security or in civil aviation organizations by the instructors of aviation security who received an access to work from the authorized body in the field of civil aviation in accordance with the aviation security training and retraining program.

      2. Conformance of services of the aviation training centre of civil aviation to certification requirements shall be approved by the authorized body in the scope of civil aviation by issuance of aviation training centre certification of civil aviation.

      Procedure for conducting the certification procedure of aviation training centre of civil aviation shall be established by the Rules of certification procedure and issuance of aviation training centre certification of civil aviation.

      Foreign aviation training centers for civil aviation are allowed to train and maintain the professional level of civil aviation personnel after recognition of their certificates by the authorized body in the field of civil aviation in accordance with the rules of certification and issuance of a certificate of the aviation training center for civil aviation.

      2-1. Aviation personnel should demonstrate the level of theoretical knowledge and practical skills, as well as the knowledge of languages ​​at the level corresponding to the functions performed, in accordance with the standards of the International Civil Aviation Organization (ICAO), through testing or periodic checks conducted by designated individuals qualified to determine the level of qualifications of aviation personnel.

      2-2. Simulators used to train, maintain and check the practical skills of crew members of civil aircraft are permitted to be used in accordance with the rules for evaluation of flight simulators in civil aviation approved by the authorized body in the field of civil aviation.

      3. Personnel related to aviation personnel must undergo professional training to perform professional activities in accordance with the programs agreed by the authorized body in the field of civil aviation.

      Persons directly related to performance and support of aircraft flights and their technical maintenance, air traffic services are allowed to professional activity if there is a valid certificate for the right to carry out such activities and a medical certificate.

      Requirements for medical inspection, medical examination in the field of civil aviation, applied to aviation personnel, as well as the categories of persons subject to mandatory medical inspection and medical examination, are established by the rules of medical inspection and examination in civil aviation of the Republic of Kazakhstan, developed on the basis of the standards and recommended practice of the International civil aviation organization (ICAO) and approved by the authorized body in the field of civil aviation.

      When passing a medical examination, the applicant must inform the aviation medical expert about the presence of diseases known to him and which are dangerous for flight operations.

      Medical examination of aviation personnel is conducted in aviation medical centers certified by the authorized body in the field of civil aviation. Medical examination of light and ultra-light aviation pilots may be carried out by an aviation medical expert, the requirements for whom are established by the rules for appointment of aviation medical experts approved by the authorized body in the field of civil aviation.

      Aviation medical experts are responsible for violation of the requirements for medical examination.

      In case of detection of a violation of certification requirements for aviation medical centers, the authorized body in the field of civil aviation takes the actions in the following order:

      1) requires the owner of the certificate of the aviation medical center to provide a corrective action plan in accordance with Article 16-3 of this Law and its implementation;

      2) suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) of the aviation medical center, if violations of certification requirements are not eliminated within the time frame established by the corrective action plan;

      3) withdraws the certificate of the aviation medical center if within one year from the day of suspension of its operation the violations of certification requirements are not eliminated.

      Validity of the certificate of the aviation medical center may be fully or partially limited also at the request of its owner in accordance with the rules for certification of aviation medical centers.

      In case of detection of violation of certification requirements for aviation medical experts, the authorized body in the field of civil aviation takes actions in the following order:

      1) suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) of an aviation medical expert until the violations of certification requirements for aviation medical experts are eliminated for a period of up to three months;

      2) withdraws the certificate of the aviation medical expert if within three months from the date of suspension of its operation the violations of the certification requirements are not eliminated.

      Validity of the certificate of an aviation medical expert is suspended in the following cases:

      1) violation of the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities in terms of medical examination and certification requirements;

      2) submission of the application by the owner of the certificate of the aviation medical expert for a period not exceeding three months.

      A certificate of an aviation medical expert is withdrawn in the following cases:

      1) non-elimination of non-compliance within three months from the date of suspension of the certificate of the aviation medical expert;

      2) submission of the application by the owner of the certificate of the aviation medical expert.

      The procedure for suspending and revoking the certificate of an aviation medical expert is determined by the rules for appointment of aviation medical experts.

      Validity of the certificate of an aviation medical expert may be fully or partially limited also at the request of its owner in accordance with the rules for appointment of aviation medical experts.

      In the event of detection of violation of the requirements for medical examination in the field of civil aviation in relation to an aviation medical expert, the authorized body in the field of civil aviation shall take the following actions:

      1) when detecting violation of the requirements for medical examination in the field of civil aviation, initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses;

      2) upon the repeated violation of the requirements for medical examination in the field of civil aviation within a year after the imposition of an administrative penalty, re-initiates the administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and recalls the certificate of an aviation medical expert.

      In the event that a person, directly connected to performance and maintenance of aircraft flights, air traffic service, during the medical examination, is detected of concealing the information on presence of diseases known to him and posing a danger to flight operations, the authorized body in the field of civil aviation takes the actions against the aviation personnel in the following order:

      1) initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and suspends the validity of the certificate of aviation personnel until the violations are eliminated;

      2) upon the repeated violation within one year after the imposition of an administrative penalty, re-initiates the administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and recalls the certificate of aviation personnel.

      Issuance and prolongation of the validity of the certificate of aviation personnel, as well as the introduction of qualification and special marks in the said certificate are established by the Rules for issuance and prolongation of the validity of certificates of aviation personnel approved by the authorized body in the field of civil aviation.

      Introduction of qualification and special marks in the certificate of aviation personnel of light and ultra-light aviation is carried out by a non-profit organization uniting the operators of aircraft in accordance with the Rules for the issuance and prolongation of the validity of certificates of aviation personnel.

      4. Person, related to aviation personnel shall be admitted to independent professional activity after probation and decision of civil servant, conducted probation on possibility of admission to independent professional activity. Responsibility for justified decision on possibility of admission to independent professional activity of aviation personnel shall be borne by persons, conducted probation.

      Responsibility for admission to the independent professional activities of aviation personnel is borne by an individual who has the right to determine the level of qualification of aviation personnel who conducted professional knowledge and skills checks.

      5. Issuance of aviation personnel certificate to a person for the right of carrying out of professional activity shall be carried out by the authorized body in the scope of civil aviation upon conformance to qualification requirements.

      Qualification requirements to the person for receipt of aviation personnel certificate shall be determined by the authorized body in the scope of civil aviation.

      The authorized body in the scope of civil aviation shall keep register of issued aviation personnel certificates in accordance with this Article and aviation personnel certificates, recognized in accordance with Article 55 of this Law.

      6. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      6-1. The authorized body in the scope of civil aviation shall suspend the validity of aviation personnel certificate (decision on recognition) of a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the cases of:

      1) non-compliance of technology of performing the works, having an impact on air worthiness of aerial vehicle;

      2) insufficient professional training, detected during verifications;

      3) a one-time gross violation of the established requirements for maintenance and performance of flights, maintenance of air traffic and technical maintenance; 

      4) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      5) performance of the activity, linked with aerial vehicle handling, maintenance operation of aerial vehicles, air traffic maintenance under the influence of alcohol, drugs and (or) substance abuse (their analogies).

      6-2. The authorized body in the scope of civil aviation shall revoke aviation personnel certificate (decision on recognition) from a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, in cases of:

      1) receipt of certificate (decision on recognition) by falsification of documents submitted by it;

      2) falsification of records and data, related to performance of official duties, linked with them;

      3) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      4) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6) under the court decision.

      6-3. Procedure and terms for suspension of aviation personnel certificate, as well as its revocation from an applicant (owner), being the individual, related to aviation personnel shall be determined by the Rules of issuance and extension of the validity of aviation personnel certificates.

      6-4. Validity of the certificate of aviation personnel (decision on recognition) of the person holding the certificate of aviation personnel issued or recognized in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities is terminated in the following cases:

      1) loss of a certificate of aviation personnel, its replacement due to a change of last name, first name, patronymic (if it is specified in the identity document) and other technical reasons;

      2) disability (on presentation of data from the place of work);

      3) death;

      4) a break in work for more than five years.

      7. The specifics of working time of civil aviation and experimental aviation personnel directly related to flight safety are developed taking into account the standards and recommended practices of the International Civil Aviation Organization (ICAO) and the aviation rules of international organizations in the field of civil aviation and are established by the authorized body in the field of civil aviation for all operators and civil aviation organizations of the Republic of Kazakhstan.

      In accordance with the specifics of working time for civil aviation personnel directly related to flight safety, the operator of the civil aviation aircraft has the right to approve the provision on organization of working time and rest for crew members.

      8. Admission of aviation personnel to performance and maintenance of especially important flights is carried out in agreement with the State Security Service of the Republic of Kazakhstan.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      10. Persons linked with performance and flight operations of aerial vehicles and their maintenance operation, air traffic maintenance shall be prohibited to carry out such activity under the influence of alcohol, drugs and (or) substance abuse (their analogies) or use substances, inducing such intoxication in the process of performing own obligations.

      Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 55. Recognition of aviation personnel certificate of foreign state

      1. Aviation personnel certificate issued by foreign states shall be recognized valid in the Republic of Kazakhstan under the condition that requirements in accordance with which such certificates are issued, answer to the standards, established by International Civil aviation Organization (ICAO).

      Recognition of aviation personnel certificate, issued by foreign state to a citizen of the Republic of Kazakhstan, or aviation personnel certificate of foreign citizen, arriving in the Republic of Kazakhstan for employment, shall be carried out by the authorized body in the scope of civil aviation with issuance of the relevant certificate.

      2. Procedure and conditions for recognizing the aviation personnel certificates, issued by foreign states shall be established by the authorized body in the scope of civil aviation.

Article 56. Crew team of aerial vehicle

      1. Crew team of aerial vehicle are the persons of aviation personnel being charged with fulfillment of particular obligations on handling and maintenance of aerial vehicle on performance of flights in the manner, established by the authorized body in the scope of civil aviation.

      Crew team of civil aerial vehicle shall contain air crew and crew team, other than air crew, including the cabin crew.

      Person shall hold the office of a pilot, panel operator (flight engineer), navigating officer or flight radio officer, included in air team and crew team, other than air crew, civil aerial vehicle, air operator of the Republic of Kazakhstan, in existence of valid certificate of aviation personnel, issued in accordance with Article 54 of this Law, or aviation personnel certificate, issued by foreign state and recognized in accordance with Article 55 of this Law.

      2. Minimal composition of air crew of aerial vehicle shall be determined by its developer depending on the type and designation of aerial vehicle, aims and conditions of operation and shall be stated in the documents on flight operation of aerial vehicle of each type.

      3. For the period of undergoing the tests of experimental aerial vehicle, the minimal composition of air crew shall be determined by the developer of aerial vehicle.

      4. Flight of aerial vehicle in incomplete composition of the air crew shall not be allowed.

      5. Each crew member has the right to refuse to perform a mission for flight because of fear of a successful completion of the flight in cases where:

      1) he feels tired or aware that his physical or mental condition does not allow him to perform tasks according to required standards due to illness, injury or in other cases;

      2) the level of his preparation does not meet the requirements for safe flight performance.

      5-1. Crew members are obliged:

      1) to use the provided conditions and facilities for rest and eating, and plan and spend their rest time in such a way as to ensure a full recovery of forces;

      2) to fail to exercise the rights conferred by their certificates and relevant qualification marks, being under the influence of any psychoactive substance that may make them unable to exercise these rights in a safe and proper manner;

      3) not to carry out any actions related to the risk of using psychoactive substances.

      6. Members of cabin crew of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to speak Kazakh language upon the care of passengers.

      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 57. Commander of aerial vehicle

      1. Commander of aerial vehicle may be a person who completed the relevant training, has the pilot certificate and admission to the right of independent control of aerial vehicle of this type in established manner.

      For each individual flight, the aircraft commander is appointed by the aircraft operator or the aircraft owner in the case of general aviation.

      1-1. A pilot who is authorized to independently operate an aircraft of a certain type, who is responsible for the safe completion of the flight (flights) in accordance with the mission for commercial aviation flight or a similar document in general aviation is the commander of a civil aviation aircraft.

      1-1. Commander of aerial vehicle of civil aviation may be a pilot, who has a valid pilot certificate and admission for independent control of aerial vehicle of particular type and appointed by the air operator or in case of general aviation – by the owner of aerial vehicle to perform the obligations of commander and ensure safety performance of the flight.

      2. Commander of aerial vehicle shall ensure compliance with the flight rules and operation of aerial vehicle irrespective of whether he carries out aerial vehicle handling or not, discipline and order on aerial vehicle, rules of conduct on aerial vehicle, as well as take measures on safety ensuring of people being on board, safety of aerial vehicle, cargo and property.

      3. Orders of commander of aerial vehicle shall be subject to compulsory fulfillment by all persons, being on board of aerial vehicle.

      4. Commander of aerial vehicle shall require unconditional fulfillment of rules, linked with safety ensuring of flight from all persons, being on board of aerial vehicle, as well as give relevant orders within his (her) competence to any person, being on board of aerial vehicle.

      5. The commander of an aircraft has the right:

      1) make final decision on taking off, flying and landing of aerial vehicle, as well as on termination of the flight and return to the aerodrome or unscheduled landing in case of visible threat to flight operation safety of aerial vehicle for the purpose of prevention of aviation accident. Such decisions may be made with departure from the flight plan, instructions of the relevant air traffic support body (air traffic control body) and as far as possible in accordance with established flight rules;

      2) give the orders to persons, being on board of aerial vehicle, and require their fulfillment for the purpose of safety ensuring of the flight of aerial vehicle;

      3) to take all necessary measures, including coercive measures, against persons:

      creating a direct threat to flight safety by their actions;

      violating the rules of conduct on board an aircraft approved by the authorized body in the field of civil aviation, refusing to obey his orders;

      4) to draw up an appropriate act on creation of a security threat and (or) violation of the rules of conduct on board an aircraft during flight operations;

      5) upon arrival of the aircraft to the nearest airfield, to drop off any crew member or passenger from the aircraft for reasons that affect flight safety and to maintain order of conduct on board the aircraft and hand it over to law enforcement authorities;

      6) make decisions on fuel draining in flight, dumping of luggage, cargo and postal matters, if it’s necessary for safety ensuring of flight of aerial vehicle and its landing;

      7) in the absence of relevant aviation security services, to ensure pre-flight inspection of passengers, hand luggage, baggage and cargo;

      8) take other necessary measures on ensuring of safety completion of the flight of aerial vehicle.

      6. Commander of aerial vehicle, received information during the flight about people, suffering or suffered disaster shall be obliged to inform about this to the relevant air traffic support body (air traffic control body) and render possible assistance, if this does not constitute a threat to the flight operating safety of this aerial vehicle, passengers and crew team.

      7. In the event of an aviation accident, the aircraft commander directs the actions of persons on board the aircraft prior to the transfer of his authority to representatives of search and rescue services.

      8. In case of detection of diseased persons being in need of emergency medical treatment, as well as persons who carry infectious diseases or food poisoning, commander of aerial vehicle shall be obliged to inform the airport service of the first landing about this.

      9. The aircraft commander is responsible for:

      1) the safety of all crew members, passengers and cargo on board the aircraft after the doors are closed;

      2) control of the aircraft and its safety from the moment the aircraft is ready for movement to take off until it stops completely at the end of the flight or shutdown of the engine (engines) that were used as the main power system;

      3) compliance with the system of control cards used by flight crews before, during and after all phases of flight, as well as in an emergency situation;

      4) information to the operator after completion of the flight about all known or suspected defects on the aircraft;

      5) keeping a logbook or drawing up a general declaration.

      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 58.Managing workers of the aviation organizations, ensuring the flight operating safety

      1. Leaders of civil and experimental aviation organizations providing safety of flights are: the flight director, the chief of the aviation safety inspectorate, the head of the aviation engineering service, the head of the quality control service (with the exception of light and ultra-light aviation).

      2. The list of offices of the state aviation workers, ensuring the flight operating safety shall be determined by the authorized body in the scope of civil aviation.

      Appointment and release of the state aviation workers, ensuring the flight operating safety shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

      Servicemen of the body responsible for control and supervision over the activities of state aviation in order to confirm their identity and authority by the authorized body in the field of state aviation receive the service certificates.

      The procedure for issuing, using and description of the service certificate is approved by the head of the authorized body in the field of state aviation.

      The service certificate of the serviceman of the body of control and supervision over the activities of state aviation confirms his right to participate in inspections of the state of flight safety of state aviation and investigation of aviation accidents.

      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 7. AIR OPERATOR Article 59. Admission of persons to operation of civil aerial vehicles

      1. Individuals or legal entities of the Republic of Kazakhstan, admitted to the operation of civil aerial vehicles may be:

      1) air operator, performing commercial airborne transportations, after certification procedure and receipt of the air operator certification;

      2) air operator, performing the aviation works, after certification procedure and receipt of certificates for performance of aviation works;

      3) general air operator.

      2. Operators engaged in international commercial air transportations and operators of heavy or turbojet general aviation aircraft authorized to perform international flights in accordance with the standard flight safety management instruction for civil aircraft operators are required to introduce a flight safety management system, depending on the volume and complexity of the flights performed.

      Footnote. Article 59 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 60. Certification procedure of air operators of civil aerial vehicles

      1. In order to receive an operator's certificate and (or) a certificate for performance of aviation operations, the applicant sends an application to the authorized body in the field of civil aviation with the documents confirming compliance with certification requirements and certification conditions in accordance with the rules of certification and issuance of a certificate of operator of civil aircraft and (or) the rules of the operator's admission to aviation works.

      In order to obtain a certificate of operator or a certificate to perform aviation works, the applicant must prove in the authorized body in the field of civil aviation that he has the certified aircraft, trained personnel, documentation, equipment, buildings, facilities necessary for flight, technical operation of aircraft and flight operations, and also carries out compulsory insurance in accordance with the laws of the Republic of Kazakhstan on mandatory types of insurance.

      The air operator shall bear responsibility for alarm reporting during flights of his (her) aerial vehicles in uncontrolled air space.

      2. The operator is prohibited from violating the operational requirements and limitations established by the operator's certificate and (or) the certificate to perform aviation operations. It is not allowed to find the same aircraft in certificates and (or) certificates to perform aviation works of two or more operators.

      Operation of aircraft without a valid certificate of the operator and (or) a certificate to perform aviation works is prohibited.

      3. The air operator certification and (or) certificate for performance of aviation works shall not be subject to transferring to the other person.

      4. The authorized body in the field of civil aviation shall suspend the certificate of the operator and (or) the certificate to perform aviation works in accordance with the provisions of Article 16-3 of this Law, as well as in the following cases:

      1) non-compliance of the air operator with certification requirements and restrictions;

      2) non-securing of insurance in accordance with the requirements of the Laws of the Republic of Kazakhstan on compulsory types of insurance;

      3) detection of violations, having an impact on the flight operating safety, established upon inspection investigations, as well as in the foreign states;

      4) in case of written application of the air operator.

      The procedure for suspension of validity of the air operator certification of civil aerial vehicles and (or) certificate for performing the aviation works shall be determined by the Rules of certification procedure and issuance of the air operator certification of civil aerial vehicles and Rules of permitting the air operator to aviation works respectively.

      If the operator of the aircraft has not eliminated the identified inconsistencies and (or) violations within the prescribed period, the authorized body in the field of civil aviation recalls the operator's certificate and (or) the certificate to perform aviation works.

      In case of termination of commercial airborne transportations by the air operator more than six months, the authorized body in the scope of civil aviation shall revoke the air operator certification.

      5. Refusal to issue a certificate for the right to perform flights is carried out upon:

      detection of inconsistencies provided for in paragraph 7 of Article 16 of this Law;

      court decision in respect of the applicant which prohibits him to provide this type of service.

      Refusal to issue an operator's certificate and (or) a certificate to perform aviation works may be appealed in the court.

      Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 61. The air operators of general aviation

      1. The basis for admittance to flights of general aviation operators, operating with the maximum certificated take-off mass of five thousand seven hundred kilograms or less, helicopters with a maximum certificated take-off mass of three thousand one hundred and eighty kilograms or less, as well as the aircraft and auxiliary devices, is the compliance with the following conditions:

      1) presence of a valid pilot certificate with the admittance to manage this type of aircraft, vehicle and auxiliary device;

      2) presence of a certificate on the state registration of a civil aircraft, a vehicle, an auxiliary device and a valid certificate of airworthiness of a civil aircraft;

      3) provision of insurance in accordance with the requirements of the laws of the Republic of Kazakhstan on compulsory types of insurance;

      4) conclusion of contracts with aero-clubs or non-commercial organizations, uniting aircraft operators to provide emergency warning services for flights in uncontrolled airspace.

      Safety of flights is provided by the aircraft commander (pilot) and the owner of the aircraft, which is an operator of general aviation.

      2. General aviation operators operating aircraft with a maximum certificated take-off mass of five thousand seven hundred kilograms and (or) aircraft equipped with one or more turbojet engines, helicopters with a maximum certificated take-off mass of over three thousand and one hundred and eighty kilograms, are allowed to perform flights after issuance of a certificate by the authorized body in the field of civil aviation, for the right to perform flights in accordance with the rules for admission to flights of general aviation operators.

      3. For receipt of certificate for the right of performing the flights, the owner of civil aerial vehicle shall direct the application with documents, confirming the conformance to requirements, established by the Rules of admitting the air operators of general aviation to the flights to the authorized body in the scope of civil aviation.

      4. For receipt of certificate for the right of performing the flights, the owner of aerial vehicle shall be obliged to dispose certified aerial vehicle, trained aviation personnel, documents, equipment, required for air operation, maintenance operation of aerial vehicle and ensuring of performing the flights, as well as carry out the compulsory insurance.

      The air operator (owner) of aerial vehicle shall bear responsibility for alarm reporting during the flights of his (her) aerial vehicles in uncontrolled air space.

      5. Certificate for the right of performing the flights shall not be subject to transfer to the other person.

      6. The authorized body in the scope of civil aviation shall suspend the validity of certificate for the right of performing the flights in the cases of:

      1) non-compliance of the air operator (owner) of aerial vehicle with requirements and restrictions, established by the Rules of admitting the air operator of general aviation to the flights;

      3) detection of violations provided for in Article 16-3 of this Law;

      4) a written statement of the operator.

      The procedure for suspension and renewal of the validity of the certificate for the right to perform the flights is determined by the rules for admittance of general aviation operators to flights.

      7. Refusal to issue a certificate for the right to perform flights is carried out in cases when:

      1) the applicant does not comply with the requirements of the rules for admittance to flights of general aviation operators;

      2) there is a court decision against the applicant prohibiting him from performing such flights.

      Refusal to issue a certificate to perform aviation works may be appealed in the court.

      Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 62. Flying club

      1. Flying club shall keep records of concluded agreements with the air operators for rendering of services, provided by the flying club.

      Flying club shall have the right to delegate its obligations before the air operator to the other flying club on the basis of agreement, concluded between them and in concurrence with the air operator.

      The standard type agreement for rendering of services by the flying club shall be established by the authorized body in the scope of civil aviation.

      2. The flying club shall ensure alarm reporting and shall have the right to provide meteorological and aeronautical information, services on continuing airworthiness, maintenance operation and repair of aerial vehicles, professional training of aviation personnel, air traffic maintenance to the air operators, employing its services within zone of responsibility, ensuring of aviation security.

      3. Flying club shall not bear responsibility for performance of requirements on the flight operating safety and aviation security in accordance with the agreement, concluded with the air operator.

Chapter 8.AERODROMES (HELICOPTER AERODROMES). AIRPORTS Article 63. Classification of aerodromes (helicopter aerodromes)

      1. Depending on belonging, the aerodromes (helicopter aerodromes) shall be divided into the aerodromes (helicopter aerodromes):

      of civil aviation;

      of experimental aviation;

      of state aviation.

      2. Depending on use, size of the flight strip and load bearing capacity of their cover, as well as depending on equipment of aerodromes (helicopter aerodromes), classification of aerodromes (helicopter aerodromes) of civil, experimental and state aviation shall be determined by the means of communication, lighting and radio-technical support of flights by the relevant authorized bodies in the scope of aviation.

      3. Depending on the type of the surface of flight strip, the aerodromes (helicopter aerodromes) may be with artificial surface, unsurfaced, snowy, ice and water aerodrome, as well as on floating barges, vessels and other constructions.

Article 64. The air operator of aerodrome (helicopter aerodrome), airport of civil aviation

      1. The air operator of aerodrome (helicopter aerodrome) shall be recognized as individual or legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with international treaties, ratified by the Republic of Kazakhstan that uses the aerodrome (helicopter aerodrome) on the right of ownership or other legal grounds.

      The air operator may be only the legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with the international treaties, ratified by the Republic of Kazakhstan that uses the airport on the right of ownership or other legal grounds.

      Operator of the airdrome (heliport), airport:

      1) provides and monitors compliance with the requirements for ensuring the flight safety and aviation security on the territory of the airport, the aerodrome (heliport), including individuals and legal entities operating on the territory of the aerodrome (heliport), airport;

      2) establishes a commission to monitor the activities that may pose a threat to flight safety at the aerodrome and in the near-aerodrome territory;

      3) keeps the daily plan on receipt and departure of aerial vehicles, ensure its performance, keeps records and analysis of regularity of departures, takes off and landings of aerial vehicles;

      4) presents the reports on safety performance of flights, aviation security, audit, accounting reports at the request of the authorized body in the scope of civil aviation;

      5) has the right to close the aerodrome (heliport), the airport for receiving and sending civil aircraft in connection with technical and meteorological conditions threatening flight safety;

      6) has the right to carry out non-aviation activities, while the costs of such activities should not directly or indirectly affect the tariffs for the regulated services.

      1-1. All entities operating at an aerodrome used in the field of civil aviation are obliged to comply with the norms established by the airport operator in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      2. Candidate for the chief executive officer of the air operator of airport shall conform to qualification requirements, established by the authorized body in the scope of civil aviation.

      3. Operator of an international airport, in accordance with the standard flight safety management instruction at airports, is required to introduce a flight safety management system, depending on the volume and complexity of the flights performed.

      Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 65. Airport activities

      1. Structure of the airport's activities includes goods, works, aerodrome and ground handling services, the list of which shall be approved by the authorized agency for civil aviation by agreement with the antimonopoly authority.

      Other activities not related to airport activities may be carried out at the airport territory by the airport operator or other individual and legal entities under a contract with the airport operator.

      Aerodrome service is the type of airport activity attributed by the legislation of the Republic of Kazakhstan on natural monopolies to the airport's regulated services and carried out by the airport operator.

      The ground services include the type of airport activities performed by the airport operator and/ or the provider of ground services, as well as by an airline that independently services its aircraft, passengers, baggage, cargo and mail.

      2. If the number of passengers serviced at an airport less than two million people per year, the airport operator may allow the access of the ground service provider to the airport territory in accordance with the rules for performing ground services at airports approved by the authorized agency for civil aviation by agreement with the antimonopoly authority.

      Note by RCLI!
      Action 2 of point 2 shall be enforced from 01.01.2019 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI.

      Procedure and conditions for provision of ground services at the airport territory, the requirements for providers of ground services and the form of a standard contract for provision of ground services are determined by the rules for ground services at airports.

      3. A contract concluded by an airport operator with a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail must provide for the payment of compensation for the use of infrastructure facilities, equipment and technical devices of the airport in accordance with the standard contract for provision of ground services.

      4. Airport operator does not have the right to unreasonably refuse a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail, in providing ground services at the airport territory.

      Airport operator's decision to refuse a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail on the airport territory may be appealed in court.

      5. Airport operator and ground service provider shall develop and approve programs to monitor the quality of the airport services in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO) or the aviation rules of international organizations in the field of civil aviation.

      Airport operator regularly audits the quality of the services provided and / or rendered by the ground services provider to determine the compliance of the services provided with the standards and recommended practices of the International Civil Aviation Organization (ICAO) or the aviation rules of international organizations in the field of civil aviation. Such an audit is carried out on a contractual basis between civil aviation organizations.

      Footnote. Article 65 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 65-1. Airport terminal

      1. Airport terminal for handling of internal flights shall have the airline ticket offices, registration desks, rooms of registration, waiting rooms, departure and arrival lounges, ablutions, as well as specially equipped rooms for disabled persons and limited mobility people, room for mothers with children, objects of information service, medical station, guard station, lost and found department.

      Airports of aviation hubs must have the necessary areas, infrastructure and equipment for servicing transit passengers and their luggage.

      2. Airport terminal for handling of international flights shall additionally have the objects and premises in accordance with requirements of the Rules of opening and closing the airports for the international flights operation of aerial vehicles, approved by the authorized body in the scope of civil aviation.

      3. People shall be provided with trustworthy information on time of departure and arrival of flights, cost of air ticket and their existence, emergency medicine, location of book of complaints and suggestions, work schedule of airport terminals, location of the premises, as well as the list of services, rendered to the people.

      Provision of information shall be ensured for disabled persons as well, with the use of languages, texts, Braille letters, tactile communication, large prints, available multimedia.

      4. Passages and exits shall be available for disabled persons and limited mobility people (equipped by entrance ramps, specialized lifts).

      5. Airport terminals intended for public service shall be in a good technical condition.

      6. Persons, carrying out the activity in airport terminals shall ensure safety of passengers, create necessary conditions for them, serve in a civilized manner, be polite and preventive in treatment with all persons, require compliance with requirements of the legislation of the Republic of Kazakhstan from them.

      7. Airport terminals are the integral part of transportation process and shall be operated in accordance with the requirements of the legislation of the Republic of Kazakhstan.

      8. Depending on the class of airport terminal, additional requirements shall be submitted to the quality of service and equipping of airport terminals.

      The class of airport terminal and method of determining the class of airport terminal shall be established by the authorized body in the scope of civil aviation.

      Footnote. Chapter 8 is supplemented by Article 65-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); as amended by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 65-2. Accessibility of civil aviation services for the disabled

      1. For access of disabled persons to services in the field of civil aviation, the airports should:

      1) allocate places with installation of special road signs for parking of vehicles of invalids;

      2) adapt buildings, access to buildings (the entrance to the building, stairs), traffic routes inside the building for the low-mobile groups of the population;

      3) make available a duty wheelchair to service disabled people with disorders of the musculoskeletal system and other low-mobility groups of the population;

      4) equip public toilets with cabins for people using wheelchairs.

      Footnote. Chapter 8 is supplemented by 65-2 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 66. Certification procedure and admission of aerodromes, helicopter aerodromes to operation

      1. Aerodromes (helicopter aerodromes), used by civil aviation, as well as aerodromes of joint use and basing shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of civil aviation.

      Aerodromes (helicopter aerodromes), used only by the state aviation shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of the state aviation, approved by the authorized body in the scope of civil aviation.

      2. The classified aerodrome (helicopter aerodrome) shall be admitted to operation after receiving the certification on its air worthiness by the air operator of aerodrome (helicopter aerodrome) and notification of the authorized body in the scope of civil aviation on opening of the aerodrome (helicopter aerodrome).

      3. Unclassified aerodrome, temporary aerodromes and landing places shall be admitted to operation in accordance with the Rules of determining the operational suitability of unclassified and temporary aerodromes and landing places, approved by the authorized body in the scope of civil aviation.

      4. Procedure for admission of aerodromes (helicopter aerodromes) of the state aviation to the operation shall be determined by the authorized body in the scope of civil aviation.

      5. Unclassified aerodrome, temporary aerodromes and landing areas used in the interests of state aviation are allowed to operate in accordance with the standards of airworthiness of aerodromes (heliports), aerodrome sections of highways and tactical and technical requirements for aerodromes (heliports) of state aviation.

      6. Procedure for certification procedure of aerodromes (helicopter aerodromes), used in the scope of civil aviation shall be determined by the Rules of certification procedure and issuance of the air worthiness certification of aerodrome (helicopter aerodrome).

      7. Refusal in issuance of the air worthiness certification (helicopter aerodrome) shall be performed in cases, if:

      1) the aerodrome (helicopter aerodrome) does not conform to the operational suitability standards of civil aerodromes (helicopter aerodromes);

      2) the air operator of aerodrome (helicopter aerodrome) does not conform to requirements, established by paragraph 1 of Article 64 of this Law.

      8. The authorized body in the scope of civil aviation shall suspend the validity of air worthiness certification of aerodrome (helicopter aerodrome) for the term of up to six months in the cases of:

      1) non-compliance with the certification requirements by the air operator of aerodrome (helicopter aerodrome);

      2) upon the application of the air operator of aerodrome (helicopter aerodrome).

      9. If the air operator of aerodrome (helicopter aerodrome) did not eliminate detected non-conformities of the reason of suspension in established term, the authorized body shall revoke the air worthiness certification of the aerodrome (helicopter aerodrome).

      10. In concurrence with the authorized body in the scope of civil aviation, the temporary deviations from the operational suitability standards of aerodromes (helicopter aerodromes) shall be allowed, if such deviations are compensated by introduction of additional measures, ensuring the aircraft safety factor is equivalent to the established measure.

      11. Responsibility for safety ensuring of flights, conformity to certification requirements, operational suitability within the whole period of operating the aerodrome (helicopter aerodrome), temporary aerodrome and landing place shall be imposed on the air operator.

      Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 67.Registration of aerodromes (helicopter aerodromes)

      1. Aerodromes (helicopter aerodromes) used for the purpose of civil aviation, except for unclassified and temporary aerodromes shall be subject to registration in the register of aerodromes (helicopter aerodromes) of civil aviation.

      Upon opening of aerodromes (helicopter aerodromes) civil aviation organizations shall direct the application with annexation to the authorized body in the scope of civil aviation as follows:

      1) copies of entitling document on the right (of permanent or temporary compensated land use) to the land plot or other object, on which the aerodrome (helicopter aerodrome) is located;

      2) copies of documents, confirming the right of ownership or right of possession to the aerodrome (helicopter aerodrome) (purchase and sale agreement, transfer and acceptance act, order on transfer on the balance, right of ownership, property lease, trust management and etc.);

      3) information on technical specifications, geographical coordinates and location (inhabited locality) of aerodrome (helicopter aerodrome).

      Closing of aerodromes (helicopter aerodromes) in the authorized body in the scope of civil aviation shall be carried out upon the application of civil aviation organization.

      2. Registration of aerodromes (helicopter aerodromes) of civil aviation, aerodromes of joint use and joint basing shall be carried out by the authorized body in the scope of civil aviation.

      3. Unclassified and temporary aerodromes (helicopter aerodromes) landing places shall be subject to registration by the air operators in the manner, determined by the authorized bodies in the scopes of civil and state aviation.

      Footnote. Article 67 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 68. Aerodrome service of aerial vehicles

      1. The air operators of aerodromes (helicopter aerodromes), aeronautical, meteorological organizations shall carry out the aerodrome, aeronautical and meteorological flightsupport of aerial vehicles on aerodromes (helicopter aerodromes), opened for common use, on the equal conditions and on the basis of agreements (public agreements).

      2. Aerodromes, airports may be closed for acceptance and production of aerial vehicles in announced time of their work only on technical or meteorological conditions, threatening to the flight operating safety.

      3. Services, included to the composition of airport activity, mentioned in subparagraphs 1) – 3) of paragraph 1 of Article 65 of this Law shall be carried out without compensation in cases of performing the flights of aerial vehicles:

      1) suffering or suffered disaster, as well as aerial vehicles, the routes of flights of which were changed due to accident situation on a board, refuse or defect of material part;

      2) for conduct of search and rescue works or rendering of assistance to people during natural disasters;

      3) due to emergency situations, linked with the act of unlawful interference to the aviation activity.

Article 69. Aerodromes of joint basing and use

      1. Aerodrome of joint basing is the aerodrome, on which civil, state and (or) experimental aviation organizations are jointly based.

      2. Aerodrome of joint use is the aerodrome, used jointly by civil, state and (or) experimental aviation.

      3. Operation of aerodromes of joint basing and aerodromes of joint use shall be carried out on the basis of agreements in accordance with the Rules of using the aerodromes of joint basing of civil and state aviation of the Republic of Kazakhstan, approved by the authorized body in the scope of civil aviation jointly with the authorized body in the scope of civil aviation.

      4. Aerodromes of joint basing and aerodromes of joint use shall relate to the civil or state aviation on accessory. The list of such aerodromes shall be approved by the joint order of the heads of authorized bodies in the scopes of civil and state aviation of the Republic of Kazakhstan.

Article 70. Airports for international flight operations of aerial vehicles

      1. Procedure for opening and closing of airports for international flight operation of aerial vehicles shall be determined by the authorized body in the scope of civil aviation.

      The procedure for opening and closing airports to ensure international flights of aircraft is determined by the authorized body in the field of civil aviation.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      3. Airports, opened for international flights of the state and experimental aerial vehicles of foreign states, as well as international flights of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states shall be determined by the authorized body in the scope of civil aviation.

      Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 71. Construction, reconstruction, liquidation or transfer of airfields and airports or special facilities

      1. Airport construction and reconstruction projects, classified aerodrome (heliport) projects should provide for flight safety, aviation and public safety, environmental protection, as well as the transport infrastructure needs (roads and other land routes of communication, telecommunications) for airport maintenance.

      2. During construction or reconstruction of an aerodrome, before the full completion of construction or reconstruction of an aerodrome, a temporary admission to the reception and release of aircraft of certain technologically completed facilities is allowed provided that the aerodrome operator provides an equivalent level of flight safety at the aerodrome. Temporary admission is carried out by the aerodrome operator in agreement with the authorized body in the field of civil aviation.

      3. Liquidation or transfer of aerodromes and airports to another location is carried out at the decision of the owner.

      Footnote. Article 71 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 72. Construction within the aerodrome environs

      Designing, construction and development of urban and rural settlements, as well as construction and reconstruction of industrial, agricultural and other facilities within the near-aerodrome territory should be conducted in compliance with flight safety requirements, taking into account possible negative effects of aerodrome equipment and aircraft flights on human health and individual and legal entities, as well as taking into account the requirements of Article 90 of this Law.

      Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 73. Temporary administration of airports

      1. In case of threat to the national security of the Republic of Kazakhstan, expressed in use of the airport, being strategic object, in violation of the interests of the state, life and health of people, the authorized body in the scope of civil aviation shall implement temporary administration in respect of the air operator of airport, admitted to international flights support in coordination with the Government of the Republic of Kazakhstan.

      2. Temporary administration of the air operator of airport, admitted to international flights support shall be carried out by temporary administration.

      Temporary administration of the air operator of airport, admitted to international flights support shall be carried out at the expense of the air operator of airport.

      3. Decision on implementation of temporary administration may be appealed in judicial proceeding by the possessor, the air operator of airport or a person, authorized by the general meeting of stockholders of air operator.

      4. The authorized body in the scope of civil aviation shall establish temporary administration, the composition of which includes representatives of the possessor and the air operator of airport, in respect of which the temporary administration is implemented.

      5. For the period of validity of temporary administration of the air operator of airport, admitted to international flight support:

      1) full powers on administration of the air operator of airport shall be transferred to temporary administration;

      2) the rights of the air operator on administrating the airport shall be suspended;

      3) powers of the air traffic control bodies of the air operator of airport and its administrative officers shall be suspended.

      6. Temporary administration shall:

      1) adopt decisions about all the questions of the activity of the air operator of airport within the competence, determined by this Law;

      2) conclude agreements and sign the documents on behalf of the air operator of airport;

      3) carry out the representation on behalf and in the interests of the air operator of airport, as well as in the court;

      4) involve independent experts for assessment of production issues, linked with operation of the airport.

      7. Temporary administration of the air operator of airport shall be terminated on the following grounds:

      1) expiration of the term of temporary administration, established by decision of the authorized body in the scope of civil aviation;

      2) adoption of decision on advanced completion of temporary administration by the authorized body in the scope of civil aviation;

      3) enforcement of the court decision on termination of temporary administration.

      8. For the damage, inflicted to the air operator of airport, admitted to performance of international flights by illegal actions (omission) in the period of temporary administration, the members of temporary administration shall bear responsibility, established by the Laws of the Republic of Kazakhstan.

Chapter 9.AIRBORNE TRANSPORTATIONS. AVIATION WORKS Article 74.The right of carrying out the airborne transportations. Airline carriers

      1. The right to carry out air transportation of passengers, baggage, cargo and postal items for payment or for hire (commercial air transportations) by regular and non-regular flights is available to airlines with a valid operator's certificate.

      2. Airline carriers may carry out the other activity in the scope of civil aviation in accordance with this Law.

      3. Airline carriers, performing the regular airborne transportations shall be established in the form of joint stock company in the manner, established by the Laws of the Republic of Kazakhstan.

      4. Is excluded by the Law of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016).

      4-1. The share of participation of foreigners, stateless persons and (or) foreign legal entities in the charter capital of an airline in the form of a joint-stock company should not exceed forty-nine percent.

      5. Airline carrier shall be obliged to dispose aerial vehicles, including their reserve, financial resources and property for safety operation of aerial vehicles and maintenance of their air worthiness, fund of spare parts to aerial vehicles for organization and operation of flights of aerial vehicles and quality of the rendered services, as well as for organization of training and re-training of aviation personnel in accordance with the certification requirements.

      6. Candidate for the chief executive officer of airline carrier shall conform to qualifying requirements, established by the authorized body in the scope of civil aviation.

      Footnote. Article 74 as amended by the Laws of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 75. International airborne transportations

      1. General provisions on airborne transportations shall be applied during international airborne transportations on civil aerial vehicles of the Republic of Kazakhstan, unless otherwise arisen from international treaties, ratified by the Republic of Kazakhstan.

      2. Appointed air carrier is the carrier, determined by the authorized body in the scope of civil aviation in the manner, established by Article 80 of this Law, for carrying out the regular airborne transportations in accordance with international treaty on air communication, the participant of which is the Republic of Kazakhstan.

      3. International airborne transportations of postal matters shall be carried out in compliance with the rules of international treaties, ratified by the Republic of Kazakhstan.

Article 75-1. Facilitation of formalities

      1. In order to facilitate and accelerate air transportations, as well as to prevent unreasonable delays in aircraft, crews, passengers and cargo, the authorized body in the field of civil aviation, in coordination with other state bodies, develops a program aimed at facilitation of formalities related to border, customs, and other types of control.

      2. Facilitation measures related to air transportation should not be carried out to the detriment of measures to ensure aviation security and state supervision.

      Footnote. Chapter 9 is supplemented by 75-1 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 76. General provisions in the scope of space airborne transportations

      1. Commercial air transportations are carried out on the basis of a contract of air transportation. The contract of air transportation is certified by registration of transportation documents issued by the airline or its authorized agents (agents).

      Commercial air transportation of passengers, baggage and cargo is carried out in accordance with the Rules for transportation of passengers, baggage and cargo in air transport approved by the authorized body in the field of civil aviation.

      2. Each passenger shall be issued by particular ticket that shall confirm:

      1) familiarization of passenger with conditions of the airborne transportation agreement;

      2) conclusion of the airborne transportation agreement between passenger and airline carrier.

      Ticket shall be issued on the basis of data of the document, confirming identity of a passenger.

      3. Airline carrier shall be obliged to comply with pull dates of food products, offered during the passenger service on the board of aerial vehicle.

      Airline carrier and its civil servants shall bear responsibility for violation of the pull dates of food products, offered during passenger service on the board of aerial vehicle, in accordance with the Laws of the Republic of Kazakhstan.

      4. The luggage ticket containing indication of the points of departure and destination shall be issued during the transporting registered luggage.

      5. During cargo transportation, a cargo bill indicating the departure and destination points, weight, conditions of cargo transportation is issued. The cargo bill is issued on paper or in electronic form. The sender must provide information and attach all the documents to the cargo bill that are required by the recipient prior to the delivery of the cargo to perform procedures established by the legislation of the Republic of Kazakhstan and foreign countries.

      Reception, processing, transfer and storage of cargo bills written out in electronic form are carried out through the information system and information technology used by the airlines.

      The relations of carriers, as well as other persons participating in the mixed transportation of goods by different types of transport under a single consignment note (single consignment), are determined by the legislative acts of the Republic of Kazakhstan on transport.

      Specifics of transportation of dangerous goods on civil aircraft are determined by the legislation of the Republic of Kazakhstan, the rules for transportation of dangerous goods by air on civil aircraft approved by the authorized body in the field of civil aviation, as well as international treaties of the Republic of Kazakhstan.

      5-1. Consignor and consignee have the right for timely delivery of goods by the air carrier to the destination point specified in the documents for air transportation and to ensure its safety.

      In the event of violation of the contract for transportation of cargo, baggage or postal items, the consignor or consignee has the right to demand that the carrier draws up documents on the reasons for non-preservation of cargo, baggage or postal items (commercial act, general act and other documents).

      The consignee has the right to refuse to receive the damaged or defective cargo if it is established that the quality of the cargo has changed so much that it cannot be used for its intended purpose and demand compensation for its loss.

      5-2. Airline that carries out air transportations:

      1) requires passengers and consignors to comply with aviation safety and flight safety regulations, including by organizing and conducting screening;

      2) provides passengers (consignors) with a serviceable aircraft of the appropriate type, a qualified flight crew, safety of transportation and other services in accordance with the legislation of the Republic of Kazakhstan;

      3) complies with the requirements for servicing passengers, consignors, consignees, established by the rules of transportation of passengers, baggage and cargo in air transport;

      4) prepares documents on the reasons for non-preservation of cargo, baggage or mail (commercial act, general act and other documents) at the request of a passenger, consignor or consignee and upon presentation by one of them of shipping documents in case of violation of the contract of transportation of passenger, baggage, cargo or postal items.

      6. Airborne transportation agreement of postal matters, its conditions and acceptance of postal matters for carriage shall be certified by the postal waybill.

      7. Execution of carriage documents shall be carried out by entering necessary data in electronic or paper form of carriage document in manual, automatic or electronic mode.

      Execution of carriage document after booking shall be performed in terms, established by the airline carrier.

      8. Basic types of fees, collected by airline carrier and included in the cost of transportation of passenger, luggage, cargo and postal matters are the airport taxes and fuel surcharges.

      9. Fuel surcharge is a fee, collected by airline carrier for the purpose of compensation of the cost escalation on aviation fuel in the period of validity of the tariff on carriage, upon calculation of which this escalation was not possible for consideration.

      10. Airport tax shall be introduced and collected by the airline carrier for the purpose of compensation of the cost of services for passenger service in the airport.

      11. Information service of passengers in airports and on the board of aerial vehicles shall be carried out in Kazakh and Russian languages.

      Use of other languages shall be allowed additionally.

      Footnote. Article 76 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 76-1. Use of air transport upon emergency situations of social, natural and technogenic nature, imposition of the state of emergency

      Upon occurrence of emergency situations of social, natural and technogenic nature, as well as imposition of the state of emergency, the air transport shall be used for taking the measures on liquidation of emergency situations and their consequences.

      Airlines (except for representative offices of foreign countries and international organizations with diplomatic immunity) are obliged, based on the decision of the authorized body in the field of civil aviation, at the requests of law enforcement, special state bodies and the Ministry of Defense of the Republic of Kazakhstan, to provide services for transportation of law enforcement and special state bodies personnel to the places of accidents, emergencies and delivery to medical institutions of citizens who need medical care.

      Airline carriers shall be refunded by expenses for rendered services in the cases, provided by this Article, as well as for inflicted harm at the expense of the state budget in the manner, established by civil legislation of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 76-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 77. Rights and obligations of a passenger

      1. A passenger shall have the right to:

      acquire a ticket on any air route, opened for passenger transportations;

      gain a seat according to acquired ticket;

      carry cabin luggage without payment and luggage within established standards;

      services, provided by this Law and other Laws of the Republic of Kazakhstan upon interruption in transportation due to the fault of carrier or upon delay, cancellation of the flight due to late arrival of aerial vehicle, change of the transportation route;

      to other rights, provided by the legislation of the Republic of Kazakhstan.

      Passengers from among disabled people and low-mobility groups are additionally entitled to carry with them for free as luggage the stretchers and wheelchair intended for personal use.


      2. A passenger shall be obliged to:

      comply with the Rules of transporting passengers, luggage and cargo on aerial vehicle and not to admit the actions, creating threat to the flight operating safety of aerial vehicle;

      not to create obstacles during performance of official duties by aviation personnel;

      incur other obligations in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 78. Unilateral termination of the airborne transportation agreement of a passenger

      1. A passenger shall have the right to refuse from the flight and regain the payment for transportation in amount, established by the airborne transportation agreement.

      2. Airborne transportation agreement may be terminated upon an initiative of airline carriage unilaterally in cases of:

      1) refusal of a passenger from inspection, established by Article 107 of this Law before the flight of aerial vehicle;

      2) violation of the Rules of transportation of passengers, luggage and cargos on aerial vehicle by a passenger and (or) commission of actions by a passenger, creating threat to the flight operating safety of aerial vehicle;

      3) if a passenger is under the influence of alcohol, drug, and (or) substance abuse that may create a threat to health of the passenger himself (herself) or safety of all the persons and property, being on the board, as well as inconvenience to other passengers;

      4) non-fulfillment of the obligations by passengers on the board of aerial vehicle, provided by Article 88 of this Law.

      Condition of alcohol, drug, substance abuse of a passenger shall be confirmed by medical certification in the manner, established by the legislation of the Republic of Kazakhstan.

      3. In case of termination of the airborne transportation agreement, the payment contributed for transportation shall be refunded in the manner, provided by the airborne transportation agreement.

      Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 79. Air routes

      1. Regular and unscheduled commercial airborne transportations shall be carried out on air routes.

      2. Air routes shall be divided into international and internal routes.

      International air routes for carrying out of regular commercial airborne transportations shall be determined in accordance with international treaties of the Republic of Kazakhstan.

      Airline carriers, conforming to the qualifying requirements, established by the rules of admitting the airline carriers to perform the regular internal commercial airborne transportations shall be admitted to perform internal regular commercial airborne transportations.

      2-1. Non-compliance with the qualification requirements established by the rules for admittance of airlines to performance of regular domestic commercial air transportations is the ground for refusing the airline's admittance to regular domestic commercial air transportations.

      If the airline fails to comply with the qualification requirements established by the airlines admittance rules for performance of regular domestic commercial air transportations, the previously issued permit is suspended by the authorized body in the field of civil aviation for up to three months. In the event of non-elimination of violations that were the grounds for suspension, in the period established by this paragraph, the previously issued admission shall be revoked.

      3. Regular transportation by air routes, carried out on the basis of decisions of the Government of the Republic of Kazakhstan or the state body authorized by it, as well as transportations carried out on the basis of decisions of the local executive bodies of oblasts, cities of republican significance and the capital, which do not ensure the level of income necessary for the effective functioning of the air route, are subject to subsidizing from the budget.

      Footnote. Article 79 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 80. Distribution of international and subsidiary air routes for regular airborne transportations

      Footnote. Title of Article 80 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Distribution of international air routes between the airlines of the Republic of Kazakhstan, which are subject to restrictions on the number of air carriers or the frequency of flights under intergovernmental agreements, as well as subsidized (except for intra-regional) air routes for regular air transportations is carried out by the authorized body in the field of civil aviation on a competitive basis. The competition for subsidized intra-regional air routes for provision of services for transportation of passengers, baggage, cargo and postal items is carried out by local executive bodies. Winners of the competition receive certificates for the air route.

      The competition for international air routes is carried out on air routes, which are subject to restrictions on the number of air carriers or the frequency of flights in accordance with intergovernmental agreements, in the following cases:

      1) the opening of a new air route;

      2) distribution of additional frequencies on the existing international air route in accordance with the changes made to the intergovernmental agreement;

      3) distribution of freed frequencies if the air carrier refuses to operate an international air route.

      Airlines that meet qualification requirements established by the rules of competition for international air route and issuance of certificates for air routes for transportation of passengers, baggage, cargo and postal items, as well as the rules for a competition for a subsidized air route and issuance of certificates for air routes for transportation of passengers and baggage, cargo and portal items are permitted to participate in the competition.

      2. The authorized body in the field of civil aviation and local executive bodies within the competence recall the certificates for air routes from the airline in case of non-fulfillment of the operating conditions of the air route.

      3. Conditions of operating the air route mean:

      1) compliance of airline carrier with the schedule that includes the date of beginning of operating the air route, performance of established quantity of regular flights in particular period of time and application of the type aerial vehicles on air route and (or) seat capacity, established by the schedule, with the exception of cases of threatening to the flight operating safety and (or) in consequence ofinsuperable force;

      2) conformance to international treaties on air communication, the participant of which is the Republic of Kazakhstan;

      3) existence of irreducible financial means reserve of the airline carrier, required for ensuring of regular airborne transportations, in accordance with established schedule within one month without consideration of expected income.

      4. Upon revocation of certificate on international or subsidiary air route of the airline carrier, the certificate shall be issued to other participant of a tender, the tender offer of which is recognized as the best after a winner (winners).

      5. For satisfying the need of people in the air communication, the authorized body in the scope of civil aviation shall have the right to issue certificate on international or subsidiary air route to the airline carrier without tendering process on distribution of air routes for operating the air route, need in which is occurred in the period between tenders on distribution of air routes.

      Upon distribution of international or subsidiary air route, the need in operation of which is occurred in the period between the tenders, the certificate shall be issued to all the airline carriers, presenting the applications, under condition of conformity of the airline carrier to qualification requirements, provided by the rules of tendering process on international air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters, as well as the rules of tendering process on subsidiary air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters.

      Footnote. Article 80 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 81. Activity of foreign air carriers in the territory of the Republic of Kazakhstan

      1. Foreign air carriers shall carry out their activity in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan and international treaties, the participant of which is the Republic of Kazakhstan.

      2. Foreign carriers planning to perform regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan) are required to pass accreditation in the authorized body in the field of civil aviation.

      3. To pass the accreditation, a foreign air carrier is required to submit to the authorized body in the field of civil aviation the documents on the list in accordance with the rules for accreditation of foreign air carriers in the Republic of Kazakhstan, approved by the authorized body in the field of civil aviation, including:

      1) permission from the state of registration of a foreign air carrier to perform commercial air transportation;

      2) the status of the designated air carrier from the relevant foreign state;

      3) the operator's aviation safety program;

      4) the transfer of information on the issued and (or) booked tickets in the manner prescribed by the legislation of the Republic of Kazakhstan on transport.

      The accreditation documents are reviewed by the authorized body in the field of civil aviation within thirty working days from the date of their receipt.

      According to the results of accreditation, the authorized body in the field of civil aviation issues a certificate of accreditation to a foreign air carrier according to the form established by the rules for accreditation of foreign air carriers in the Republic of Kazakhstan, or a reasoned refusal is given.

      The grounds for refusal to issue a certificate of accreditation are:

      1) failure to provide or incomplete submission of documents on the list in accordance with the rules for accreditation of foreign air carriers in the Republic of Kazakhstan;

      2) presence of inaccurate information or information (documents) with expired validity in the documents submitted to the authorized body in the field of civil aviation.

      Accreditation procedure is determined by the rules of accreditation of foreign air carriers in the Republic of Kazakhstan, unless otherwise stipulated by an international agreement of the Republic of Kazakhstan.

      4. Conditions for granting the right to transport in respect of a foreign air carrier are determined by international air services agreements to which the Republic of Kazakhstan is a party and the legislation of the Republic of Kazakhstan.

      5. Foreign air carriers shall be obliged to provide good and safe food to the crew team and passengers in compliance with the terms of implementation in accordance with the legislation of the Republic of Kazakhstan in the scope of population health and public health system.

      6. Representatives of foreign air carriers in the territory of the Republic of Kazakhstan shall carry out informative service of passengers in Kazakh language.

      Use of other languages shall be allowed additionally.

      Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 82. Performance of aviation works

      1. Aviation works shall be carried out on the basis of agreement between the air operator of civil aerial vehicle and a customer.

      2. The list of aviation works and the requirements for their implementation shall be established by the Rules for performance of flights in the field of civil aviation.

      3. Persons who are not employees of the civil aviation organization, but who are involved in performance of aviation works, do not belong to aviation personnel.

      Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 82-1. Legal status of a single operator for provision of helicopter services

      1. Activity of a single operator for provision of helicopter services is regulated by this Law and other normative legal acts of the Republic of Kazakhstan.

      2. Property of a single operator for provision of helicopter services is formed in accordance with the legislation of the Republic of Kazakhstan.

      3. In order to exercise the powers to provide helicopter services, a single operator for provision of helicopter services is entitled to attract and use any sources of financing not prohibited by the legislation of the Republic of Kazakhstan.

      4. The powers of a single operator for provision of helicopter services include the provision of helicopter services to state bodies and organizations financed from budgetary funds.

      Footnote. Chapter 9 is supplemented by 82-1 in accordance with the Law of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016).

Chapter 10. RESPONSIBILITY IN THE SCOPE OF AIRBORNE TRANSPORTATIONS Article 83. Responsibility of air carrier for inflicting the harm to life and health of a passenger, caused during airborne transportation

      1. Air carrier shall bear responsibility for inflicting the harm to life or health of a passenger upon airborne transportation, established by the Laws of the Republic of Kazakhstan, unless he (she) proves that the harm is occurred due to insuperable force or intention of injured person.

      Airborne transportation shall cover the period from the moment of loading a passenger on board of aerial vehicle until the moment, when a passenger abandoned the board of aerial vehicle independently from whether the flight of aerial vehicle is committed or not.

      2. Responsibility of air carrier for inflicting the harm to life or health of a passenger, caused during airborne transportation during performance of international flights, shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.

Article 84. Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of luggage, cargo and things being upon a passenger

      The air carrier shall compensate for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, unless he (she) proves that loss, deficiency or damage (destruction) of cargo or luggage occurred not due to his (her) fault, in the following amount for:

      1) loss or deficiency of luggage, cargo, accepted to transportation without declared value – in amount, established by the airborne transportation agreement;

      2) loss or deficiency of luggage, accepted to transportation with declared value – in amount of declared value;

      3) damage of luggage, cargo – in amount of the sum on which the cost of luggage, cargo is reduced, and in case of impossibility of restoration of damaged cargo or luggage – in amount of its cost.

      For loss, deficiency and (or) damage (destruction) of things being upon a passenger, the air carrier shall compensate for harm in amount of the sum, on which the cost of things is reduced, if a passenger proves that the harm is inflicted due to the fault of air carrier.

      Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, things being upon a passenger upon performance of international flights shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.

      If a loss, deficiency and (or) damage (destruction) of luggage, part of cargo or any subject included to them has an impact on the cost of luggage or cargo inscribed to the same luggage ticket or consignment, the total cost of all this luggage and (or) cargo shall be considered upon establishment of the amount for compensation.

      Together with compensation of established harm, occasioned by loss, deficiency or damage (destruction) of cargo or luggage, the air carrier shall return the carriage charge, collected for carriage of lost, deficient, wasted or damaged cargo or luggage to a sender, if this charge is not included to the cost of cargo.

Article 85. Responsibility of the carrier for loss, shortage, damage (harm) and (or) delay in delivery of postal items

      The carrier is liable to the postal operators for loss, shortage, damage (harm) and (or) delay in the delivery of postal items through the fault of the carrier in the amount in which the postal operators are liable to the senders or addressees.

      Footnote. Article 85 in the new wording of the Law of the Republic of Kazakhstan dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 86. Responsibility of air carrier before a passenger upon cancellation or delay of the flight

      1. Upon cancellation or delay of the flight due to the fault of air carrier or delay, cancellation of the flight due to late arrival of aerial vehicle, change of the route for transportation, the air carrier shall be obliged to organize the following services for passengers in the points of departure and intermediate points:

      1) provision (in existence if any) of a room for mothers with children to a passenger with a child under the age of seven years;

      2) two phone calls, as well on international communication lines, with the length of no more than five minutes or two messages via electronic mail upon waiting of flight departure more than two hours;

      3) ensuring of cold drinks upon waiting of the flight departure more than two hours;

      4) ensuring by hot meals upon waiting of the flight departure more than four house and as follows:

      after every six hours – in day time;

      after every eight hours – at night time;

      5) accommodation in hotel, provided by air carrier, upon waiting of the flight departure more than eight hours – in day time and more than six hours – at night time;

      6) delivery by transport, provided by air carrier from the airport to hotel and vice versa in the cases, when the hotel shall be provided without collection of additional payment.

      Services, mentioned in this paragraph shall be provided to passengers without collection of additional payment.

      2. At the choice of passenger, upon cancellation or delay of the flight due to the fault of air carrier for the term of more than ten hours, the air carrier shall be obliged to:

      1) ensure transportation of a passenger by the nearest flight to the point of destination, stated in ticket with provision of services in accordance with paragraph 1 of this Article;

      2) return full cost of the ticket to a passenger.

      3. Carriers who committed violations of the requirements provided for in paragraphs 1 and 2 of this Article shall be liable in accordance with the Code of the Republic of Kazakhstan on administrative offenses.

      Footnote. Article 86 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 87. Compulsory insurance related to civil aviation activities

      Owners (owners) and operators of aircrafts, other objects and civil aviation equipment are obliged to insure their civil liability, including to passengers and aviation personnel, as well as to the cargo owner or consignor in accordance with the requirements of the laws of the Republic of Kazakhstan on insurance.

      Insurance in international air transportations is carried out in accordance with international treaties ratified by the Republic of Kazakhstan.

      Footnote. Article 87 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 11. ACTIONS OR ACTIVITIES AFFECTING FLIGHT SAFETY

      Footnote. The title of chapter 11 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 88. Obligations and actions of persons, being on the board of aerial vehicle on safety ensuring of flights

      1. Persons, being on aerial vehicle as passengers shall:

      1) perform the requirements of commander of aerial vehicle and other members of crew team unconditionally, as well as actions, mentioned on display boards;

      2) place cabin luggage and personal things on the specifically designated locations;

      3) fasten safety harnesses of passenger seat upon the order of commander of aerial vehicle or upon initiation of information signs binding to perform the mentioned actions;

      4) comply with the discipline and order on the board of aerial vehicle within the whole flight.

      2. Persons, being on the board of aerial vehicle, as well as persons to which it belongs, shall be prohibited to interfere to the actions of crew team, require the change of plan and procedure for performing the flight or non-performance of instructions of the air traffic support bodies or air traffic control bodies.

      3. Persons who are on board an aircraft as passengers shall be prohibited from:

      1) creating situations that threaten flight safety;

      2) threatening crew members;

      3) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      4) using cellular, trunking communication services at all stages of flight, radio electronic means and high-frequency devices for domestic use during taxiing, climbing, approach to aircraft landing, except for the use of cellular communication and radio electronic means on board an aircraft in an autonomous "airplane" mode.

      Footnote. Article 88 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 89. Situations, created by persons on the board of aerial vehicle, threatening to the flight operating safety

      The situations, created by persons on the board of aerial vehicle, threatening the flight operating safety, mentioned in subparagraph 1) of paragraph 3 of Article 88 shall include:

      commission of the act of violence on board of aerial vehicle with creation of a threat to life or health of people and safety of aerial vehicle, being in flight;

      infliction of damage to aerial vehicle and its equipment ensuring the safety performance of the flight;

      purposefully giving false information creating a threat to safety of aerial vehicle in flight;

      commission of action, leading to placing device or substance on aerial vehicle that may destruct aerial vehicle or inflict damage to it, threatening its safety in flight;

      approaches of opening the doors and (or) emergency exits of aerial vehicle, with the exception of cases of occurrence of emergency situation on board of aerial vehicle;

      consumption of tobacco products.

      Footnote. Article 89 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 90. Activity that may constitute a threat to the flight operating safety

      1. Activity that may pose a threat to flight safety includes construction of facilities, power lines, other obstacles located on the near-aerodrome territory and on the territory within the airways; works, as a result of which the electromagnetic, light, acoustic, corpuscular and other types of radiation are produced in airspace; placement of objects leading to mass crowding of birds or deterioration of flight visibility, as well as any other activities not directly related to the use of airspace, but affecting the safety of flights, equipment of aircraft and people on them.

      Such activity may be carried out only with permit, issued in accordance with the Rules of issuing the permits for carrying out of activity that may constitute a threat to the flight operating safety of aerial vehicles.

      2. Receipt of permit shall be required for the placement:

      1) of all the objects in the area of aerodrome, the height and location of which are determined in recognition of safety ensuring of flights in the Rules of issuance of permits for carrying out of the activity that may constitute a threat to the flight operating safety of aerial vehicles;

      2) communication lines, power transmission lines, as well as other objects of radio, electro-magnetic and luminous radiation that may create noises for normal performance of aviation radio-technical facilities and lighting facilities;

      3) explosive objects;

      4) torches for emergency cut gas burning.

      Upon determination of the height of torches, the maximum possible height of ejection of flame shall be considered;

      5) industrial, other enterprises and structures, the activity of which may lead to visibility deterioration in the areas of aerodrome (helicopter aerodrome).

      3. Placement of facilities specified in paragraph 2 of this Article shall be carried out in accordance with the permissions, issued by local executive bodies or by the authorized body in the field of state aviation.

      4. Placing the places of waste food release, construction of fur farms, slaughter houses and other objects, distinguished by attracting and mass flock of birds shall be prohibited in the distance less than fifteen kilometers from the aerodrome check point.

      5. Individuals and legal entities that have committed violations of the rules for carrying out activities that pose a threat to flight safety are obliged to eliminate these violations at their own expense and on their own, and, before their elimination, to stop implementation of such activities.

      6. For exclusion of the cases of indeliberate takeoff of aerial vehicles in the area of carrying out the activity, constituting a potential threat to their safety, individuals and legal entities, carrying out such activity shall be obliged to notify the authorized bodies in the scopes of civil and state aviation on the mentioned activity in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      7. Control and supervision of carrying out such activity shall be performed by the bodies in the scopes of civil and state aviation within their competence and zones of responsibility.

      8. Production of all the types of repair, construction and assembly works within the territories of airports may be suspended by the bodies of national security or Safeguard Service of the President of the Republic of Kazakhstan in the period of conducting protection measures.

      Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 91. Marking of objects, constituting a threat of the flight operating safety

      1. Owners of buildings and constructions shall be obliged to place night and day identification marks and devices at their expense in accordance with the Rules of issuing the permits for carrying out the activity that may constitute a threat to the flight operating safety of aerial vehicles, operational suitability standards of civil aerodromes of the Republic of Kazakhstan for the purpose of safety ensuring of the flights.

      Placement of any other marks and devices, similar to identification marks and devices, accepted for aerodrome identification in the area of aerodrome shall not be allowed.

      2. Control of carrying out of marking the objects in the area of aerodrome shall be imposed on the authorized bodies in the scopes of civil and state aviation within their competence and zones of responsibilities.

Chapter 12. AVIATION ACCIDENTS AND INCIDENTS AND THEIR INVESTIGATION Article 92. Aviation accidents and incidents

      1. Aviation accident in the state aviation shall be recognized as the occasion, linked with the flight operation of aerial vehicle that lead to death incident (bodily damage with fatal consequence) of people, being on the board of aerial vehicle, and (or) loss of this aerial vehicle.

      2. Aviation accident in civil (experimental) aviation shall be recognized as aviation occasion, linked with the use of civil aerial vehicle, with intent to commit a flight which in case of pilot-controlled aerial vehicle takes place from the moment, when any person boarded a vessel with intent to commit the flight until the moment, when all the persons being on board for the purpose of commission of the flight abandoned the aerial vehicle, or in case of unpiloted aerial vehicle takes place from the moment, when aerial vehicle is ready to start the action for the purpose of committing the flight, until the moment of its stoppage in the end of flight and turnoff of the main engine installation and in the course of which:

      1) any person receives fatal injury or serious injury to health, as well as moderate damage to health as a result of being in this aircraft, direct contact with any part of the aircraft, including parts that have separated from the aircraft, direct exposure to the gas streams of the jet engine, except in cases where physical injuries are received as a result of natural causes, are self-inflicted or inflicted by other persons or when physical injuries are inflicted by stowaways hiding outside the areas that are normally available to the passengers and crew members;

      2) aerial vehicle suffers damage, or destruction of its construction is happened, as a result of which the strength of construction is disrupted, technical or air characteristics of aerial vehicle are deteriorated, the major repair or change of damaged element shall be required, with the exception of cases of:

      refusal or damage of engine, when only one engine, its cowl panel or ancillary components are damaged;

      damages of only the air propeller, rotor blades, tail rotor blades, non-bearing elements of air frame, fillet fairings, winglet, aerial wire, transducer units, inlet guide vanes, tires, brake gears, facial windscreens, wheels or when landing wheels, landing gear panel are inessentially damaged or when there are small bents or puncture hole in the skin, as well as inessentially damages, occasioned by hail precipitation or bird collisions (including puncture holes in the aerial fairing of radio detector);

      damages of other elements, not violating the general strength of construction;

      damages of the elements of lifting and anti-torque propellers, hubs of lifting and anti-torque propeller, transmission gears, damage of fan system or gear case, if these cases do not lead to damages or destructions of bearing member of fuselage (beams), damages of skin of the fuselage (beams) without damage of bearing members;

      3) aerial vehicle is missing or occurs in the place, where access to it is absolutely impossible.

      3. Aviation incident in the state aviation shall be recognized as occasion, linked with the flight operation of aerial vehicle that might create or created a threat to integrity of aerial vehicle and (or) life of people, being on its board, but not finished as aviation accident.

      4. Aviation incident in civil (experimental) aviation shall be recognized as occasion, linked with use of civil aerial vehicle that takes place from the moment when any person boarded a vessel with intent to commit the flight before the moment, when all the people, being on board abandoned the aerial vehicle for the purpose of commission of the flight, and conditioned by deviants from normal functioning of aerial vehicle, crew team, management services and ensuring of the flights, influence of external environment that may have an impact on the flight operating safety, but not finished as aviation accident.

      Footnote. Article 92 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 93. Investigation of aviation accident or incident

      1. Aviation situation or incident with aerial vehicle of the Republic of Kazakhstan or with aerial vehicle of foreign state in the territory of the Republic of Kazakhstan shall be subject to compulsory investigation.

      2. Objectives of investigation of an aviation accident or incident are to determine the causes of the event and (or) the contributing factors, develop recommendations for prevention of future accidents and incidents and ensure safety.

      Ascertainment of someone’s guilt and responsibility is not a purpose for investigation of aviation accident or incident.

      In civil and experimental aviation, an investigation of an accident or incident is carried out by a commission established by the authorized body in the field of civil aviation.

      Certain types of incidents, the list of which is established by the rules for investigation of accidents and incidents in civil and experimental aviation, are independently investigated by operators (civil aviation organizations) within the framework of flight safety management systems. Such investigations shall be conducted by decision of the authorized body in the field of civil aviation in the manner and within the time limits established by the rules for investigation of accidents and incidents in civil and experimental aviation. Upon completion of investigation, the final report is submitted by operators (civil aviation organizations) to the authorized body in the field of civil aviation.

      In state aviation, an investigation of an aviation accident or incident is conducted by a commission established by the authorized body in the field of state aviation.

      3. The powers of the commission to investigate an aviation accident or incident, as well as the procedure for investigation of an aviation accident or incident in civil and experimental aviation, shall be determined by the rules for investigation of aviation accidents and incidents in civil and experimental aviation approved by the authorized body in the field of civil aviation.

      The powers of the commission to investigate an aviation accident or incident, as well as the procedure for investigation of an aviation accident or incident in state aviation are determined by the rules for investigation of aviation accidents and incidents in state aviation in the Republic of Kazakhstan, approved by the authorized body in the field of state aviation.

      When organizing investigations, intervention in the activity of the commission for the investigation of accidents or incidents by physical and (or) legal entities, other state bodies is not allowed, with the exception of cases directly stipulated by the laws of the Republic of Kazakhstan.

      The commission for investigation of an aviation accident or incident should be guided by the principles of objectivity and impartiality in the conduct of an investigation. For the purposes of independent investigation, a commission for investigation of an aviation accident or incident is formed taking into account elimination of a conflict of interest.

      4. Aviation accident or incident, happened with foreign aerial vehicle in the territory of the Republic of Kazakhstan shall be subject to investigation by commissions of the authorized bodies in the scopes of aviation or shall be investigated by foreign state of the registration country of aerial vehicle (air operator) by mutual agreement.

      5. Conditions and procedure for participation of representatives of the Republic of Kazakhstan in conduct of investigations of aviation accidents and incidents by foreign states with civil aerial vehicles of the Republic of 5. In the event that an aviation accident or incident occurred on the territory of a foreign state with an aircraft of civil aviation registered in the State register of civil aircraft of the Republic of Kazakhstan or its operator is an individual or legal entity of the Republic of Kazakhstan, the authorized body in the field of civil aviation performs actions in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO) and the rules of investigation of aviation accidents and incidents in the field of civil and experimental aviation.

      6. During the investigation, information about the aviation event is limited only to actual data. Except for the cases established by the Law of the Republic of Kazakhstan "On Access to Information", the information is not made public, containing:

      1) information from individuals or legal entities, state bodies obtained during the investigation;

      2) information on correspondence between persons related to the operation of the aircraft;

      3) medical data and (or) biometric and (or) personal data relating to persons who are participants in an aviation accident or incident;

      4) recording of flight recorders and decoding of such records;

      5) recording and decoding of records of air traffic services units or air traffic control;

      6) recording of visual situation in the crew cab and any part or decoding of such records;

      7) opinions (versions, statements) of the members of the commission or experts involved, or the authorized representatives of the foreign state of registration of the aircraft (operator, developer or manufacturer) in the analysis of information related to the investigation, including recording of flight recorders.

      The information specified in this paragraph is included in the final report or is added to it only if it relates to the analysis of an aviation accident or incident. Parts of the records that are not relevant to this analysis are not made public.

      7. Individual and legal entities, state bodies are obliged to submit information and (or) documentation relevant to the investigation at the request of the commission on investigation.

      8. Investigations of aviation accidents and incidents conducted by the authorized bodies in the field of civil and state aviation are independent from investigations conducted by law enforcement, special and other state bodies of the Republic of Kazakhstan.

      Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 93-1. Investigator-in-charge

      1. An investigator-in-charge is the official of the authorized body in the field of civil aviation who has completed initial training and is entrusted with the organization and conduct of investigations into aviation accidents and incidents in the field of civil aviation as part of a commission for investigation of an aviation accident or incident.

      When organizing investigations, it is not permitted to interfere in the activities of the investigator-in-charge by individual and (or) legal entities, other state bodies, except in cases directly provided by the laws of the Republic of Kazakhstan.

      2. The investigator-in-charge plans, conducts and coordinates the investigation of an aviation accident or incident and all aspects related to it at the scene and during the investigation.

      The investigator-in-charge is responsible for investigation of aviation accidents or incidents in accordance with the legislation of the Republic of Kazakhstan.

      3. The investigator-in-charge in performance of his duties has the right:

      1) to draw up a plan of interaction with representatives of other state bodies to ensure independence and objectivity of the investigation, as well as to avoid losing or changing the evidence relevant to his investigation;

      2) unimpeded access to the place of an aviation event and to all documentation related to the operation of the aircraft, aviation personnel involved in its maintenance and flight support, to conduct an inspection and further inspection of the scene, objects and debris, spare parts and any other facilities that are the cause or could contribute, affect the occurrence of an accident or incident;

      3) to coordinate in the search, recovery, extraction, reading of data of onboard recorders or any other media device on board the aircraft, as well as the records of air traffic services units and full control over preservation of the received data. Extracting and reading the recordings of onboard recorders should be made without any delay using the appropriate means in the Republic of Kazakhstan or the means of competent bodies for investigating aviation accidents or incidents of foreign states;

      4) to question eyewitnesses, aviation personnel and other persons involved in an aviation accident or incident, appoint the research and tests necessary to determine the causes of the aviation accident or incident and / or the contributing factors;

      5) to involve experts in the work, to request their reports related to the investigation of an aviation accident or incident;

      6) in agreement with the operator, to be on board a civil aircraft during a flight with the right to be in the crew cab and the cabin of the aircraft.

      4. The investigator-in-charge, when investigating aviation accidents or incidents of civil and experimental aviation is obliged:

      1) to observe the legislation of the Republic of Kazakhstan;

      2) to timely and fully implement the powers granted in accordance with the laws of the Republic of Kazakhstan to investigate aviation accidents or incidents of civil aviation;

      3) to arrive at the scene of an aviation accident or incident, to organize and conduct investigations of aviation accidents or incidents of civil aviation in accordance with this Law, the rules for investigation of aviation accidents and incidents in the field of civil and experimental aviation and the standards of the International Civil Aviation Organization (ICAO);

      4) to have a certificate, authorizing to organize and conduct works on investigation of aviation accidents and incidents in civil aviation, in the form prescribed in the rules for investigation of aviation accidents and incidents in the field of civil and experimental aviation.

      5. Civil servants who are investigators-in-charge shall be provided with a monetary allowance established on the basis of a single system of remuneration of employees of the bodies of the Republic of Kazakhstan held at the expense of the state budget.

      The monetary allowance includes the monetary maintenance (official salary), extra charges for special working conditions and other premiums and bonuses established by the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 12 is supplemented by 93-1 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 94. Classification and registration of aviation accidents or incidents

      1. Classification and registration of aviation accidents or incidents shall be carried out by the authorized bodies, on which these powers are imposed in civil, experimental or state aviation.

      2. Classification and recording of aviation accidents or incidents are determined by the rules for investigation of aviation accidents and incidents.

      3. Information reports on aviation accidents, happened with aerial vehicles with maximum certified weight more than two thousand two hundred and fifty kilograms and (or) aircrafts with turbojet engine shall be directed to the International Civil Aviation Organization (ICAO).

      4. For registering the aviation accidents or incidents, the authorized bodies in the scopes of civil and state aviation shall create the system of representing the data on aviation accidents or incidents for the purpose of assistance of collecting information on factual or potential deficiencies in the safety ensuring of flights.

      The procedure for creating this system is determined by the rules for investigation of aviation accidents and incidents and instructions for managing the flight safety of civil aircraft operators, at airports, for servicing air traffic, and for technical maintenance of aircraft.

      Footnote. Article 94 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 95. Preservation of material evidence

      An aircraft, its components, on-board and ground objective control devices, all items on the aircraft, as well as the territory and objects on it affected by an aviation accident or incident, all documentation relating to the production, repair and operation of the aircraft and ensuring its flight, shall be preserved by individual and legal entities in full integrity until the arrival of the members of the commission for investigation of this aviation accident or the investigator-in-charge, as well as the authorized representative of a foreign state of registration of the aircraft (operator, developer or manufacturer), if such state has announced its intention to participate in the investigation, except for the cases provided for in Article 101 of this Law.

      Preservation of material evidence includes the preservation by photographing or other appropriate means of any physical evidence that can be seized, damaged, lost or destroyed. Protection includes preservation from further damage, penetration of unauthorized persons, theft and spoilage.

      Footnote. Article 95 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 96. Work at the place of aviation accident

      Investigation, conducted at the place of aviation accident shall be related to the category of works in special conditions, equated to the works on liquidation of consequences of natural disasters.

      Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to provide possible assistance of commission on investigation of aviation accident.

Article 97. Financing of works, linked with investigation of aviation accident and procedure for compensation of expenses

      All the works, linked with investigation of aviation accident shall be financed by the air operator.

      Researches and tests, linked with investigation of aviation accident, conducted by scientific and research, constructive, repair and industrial organizations shall be financed by these organizations with the following compensation for expenses by the air operator.

Chapter 13. SEARCH AND RESCUE OF AERIAL VEHICLES, THEIR PASSENGERS AND CREW TEAM MEMBERS Article 98. Organization of search and rescue of aerial vehicles, their passengers and crew team members

      1. Organization of search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members shall be carried out in accordance with the Rules of organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan, developed in accordance with the International Civil Aviation Organization standards and approved by the Government of the Republic of Kazakhstan.

      Rules on organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan shall contain:

      1) procedure for alarm reporting, scheme of organizing the search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members;

      2) requirements to personnel and fitting with all necessary equipment and communication facilities of air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles;

      3) procedure for development, coordination and approval of the plan for conducting the search and rescue operations;

      4) distribution of responsibility and organization of measure between all the state bodies, air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles and airports that form jointly the search and rescue service in the territory of the Republic of Kazakhstan;

      5) procedure for compensation for expenses to organizations of civil aviation upon carrying out of search and rescue operations (works) by them and participation in their ensuring.

      1-1. Ensuring of stand-by duty of search and rescue aerial vehicles in civil aviation shall be carried out at the expense of fees for aeronautical maintenance.

      2. Works on search and rescue of aerial vehicles of all the states, passengers and crew team members shall be carried out in the territory of the Republic of Kazakhstan at the expense of state budget.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      4. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, organizations shall be obliged to provide any possible assistance in conducting the search and rescue of aerial vehicle and adopt necessary measures on rescuing people before arrival of search and rescue bodies, render medical and other aid to them, as well as protection of aerial vehicle and documentation, equipment and property being on its board.

      5. Upon organization and carrying out of aviation search and rescue works, the efforts and means of state bodies (enterprises) shall be engaged and used in accordance with their competence and charter, as well as crew teams of aerial vehicles, being in the district of search and rescue.

      6. For rendering necessary aid to aerial vehicle, suffering or suffered disaster, the territory of the Republic of Kazakhstan may allow:

      1) search and rescue efforts and means of other states;

      2) owners and air operators of these aerial vehicles;

      3) powers of the state, in which aerial vehicles are registered, suffering or suffered disaster.

      Conditions of such allowance shall be established by the Rules of using air space of the Republic of Kazakhstan and Rules on organizing search and rescue support of flights in the territory of the Republic of Kazakhstan.

      Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 99. Actions of crew team of aerial vehicle, suffering or suffered disaster

      1. The crew of an aircraft that is in distress or suffered a disaster must take measures in accordance with the Rules for organization of search and rescue support for flights in the territory of the Republic of Kazakhstan and other possible measures to save life and health of people and preserve property, including aircraft.

      2. Crew team of aerial vehicle, suffered disaster shall be obliged to take all possible measures on rescue and safety ensuring of people, property being on board, preservation of aerial vehicle itself before delegating own powers to the representatives of the authorized body in the scope of civil defence. All the crew team members of aerial vehicle shall be obliged to take participation in rescuing people, property and aerial vehicle.

      3. Commander of aerial vehicle, suffering or suffered disaster shall manage the actions of persons, being on board of this vessel, before arrival of representatives of the authorized body in the scope of civil aviation.

      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 100. Informing on aerial vehicles, suffering or suffered disaster

      1. Air traffic service units, air traffic control, aero-clubs when obtaining information about an aircraft that is in distress or suffered a disaster, as well as any other information about people at risk, are obliged to take all possible measures to provide the necessary assistance in the manner determined by the Rules for organization of search and rescue support for flights on the territory of the Republic of Kazakhstan, and, in accordance with the search and rescue plan, immediately inform the search and rescue teams of state bodies, aircraft operators, as well as notify the authorized bodies in the field of civil and state aviation to organize an investigation of an aviation accident or incident within their competence.

      2. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to inform immediately the authorized body in the scope of civil defence or the nearest aerodrome about all the cases of disaster of aerial vehicles known to them.

      Footnote, Article 100 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 101. Accident rescue operations

      1. Conduct of search and rescue works on aerodrome and aerodrome environs shall be carried out in accordance with the Rules of search and rescue support of flights in airports of the Republic of Kazakhstan by efforts and means of possessors or owners of aerodromes at the expense of air operator, the aerial vehicle of which is suffered disaster.

      2. If aerial vehicle suffered disaster or its parts impede the movement of railway, motor, water transport or flights of aerial vehicles, the head of rescue works shall be obliged to adopt measures on transfer of aerial vehicle (its parts) for the purpose of recovery of movement of transport means or flights, recording preliminarily their location and overall condition.

Article 102. Termination of search of aerial vehicle, its passengers and crew team

      1. In the cases, when measures adopted for research did not have an effect, the decision on termination of search of aerial vehicle, suffered disaster shall be adopted by a chairman of commission on investigation in coordination with the owner of aerial vehicle and head of research and rescue team.

      Decision on termination of searching the aerial vehicle, suffered disaster may be adopted only if there are reasonable grounds to suppose that the further search will not lead to detecting the aerial vehicle by available research and rescue efforts and means and rescuing surviving people.

      2. Decision on termination of search of aerial vehicle, suffered disaster may be appealed by the owner of this aerial vehicle in a judicial proceeding.

      3. Aerial vehicle, the search of which is terminated in accordance with this Article shall be considered as missing.

      Recognition of crew team members and passengers of missing aerial vehicle as missing or declaring them decedent shall be performed in the manner, established by the legislation of the Republic of Kazakhstan.

Article 103. Search and rescue of aerial vehicle beyond the boundaries of the territory of the Republic of Kazakhstan

      Search and rescue of aerial vehicles of the Republic of Kazakhstan, suffering or suffered disaster beyond the boundaries of the Republic of Kazakhstan shall be carried out in recognition of requirements of this Law in accordance with the rules of performing search and rescue works of the state, in the territory of which these works are performed, and international treaties, ratified by the Republic of Kazakhstan.

Article 104. Equipping aerial vehicles and training of crew team in the case of disaster

      1. Aerial vehicles shall be equipped by airborne life-saving equipment and emergency locator transmitters for search and rescue, the list of which shall be determined in accordance with the air worthiness of civil aerial vehicles, depending on the type of aerial vehicle and district of flight, and for aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.

      2. All crew team members of aerial vehicle shall be obliged to undergo special training program of search and rescue training and rendering of assistance to passengers upon occurrence of emergency situation on the board of aerial vehicle.

      3. Passengers shall be instructed compulsorily by the crew team on the actions in such situation and rules of using individual and airborne life-saving equipment.

      Information for passengers shall be provided in Kazakh and Russian languages. Application of visual information shall be allowed.

Chapter 14. AVIATION SECURITY Article 105. Ensuring of aviation security

      1. Operators of aerodromes (heliports), aircraft operators are obliged to take measures to protect civil aviation from acts of unlawful interference in its activities in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      The act of unlawful interference in the activities of civil aviation is an act or attempt to commit an act that poses a threat to the security of civil aviation on land and in the air, namely:

      illegal seizure of aircraft;

      destruction of the aircraft in service;

      hostage taking on board an aircraft or at aerodromes;

      violent entry to the aircraft, to the airport (aerodrome) or to the location of an air navigation facility or service;

      placement of a weapon, a dangerous device or material intended for criminal purposes on board an aircraft or at the airport;

      the use of an aircraft in service to cause death, serious injury or substantial damage to property or the environment;

      the reporting of false information that endangers the safety of an aircraft in flight or on land, the safety of passengers, crew members, ground personnel or the public at the airport or at the location of a civil aviation facility or service.

      1-1. Air operators of airports and airline carriers shall have the right to acquisition, storage and use of service weapons and ammunition to them in accordance with the legislation of the Republic of Kazakhstan.

      1-2. Civil aviation organizations develop and adopt aviation security programs that provide for measures and procedures for preventing and counteracting acts of unlawful interference developed in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      2. Protection of civil aviation from the acts of unlawful interference in its activity shall be ensured by:

      1) prevention of access of unauthorized persons and vehicles to the airport controlled zone, including the protected areas of limited access of the airport and on board the aircraft.

      The protected zone of limited access is the zones intended for departing commercial aviation passengers from the points of inspection and to the aircraft, as well as the apron, the baggage handling areas, including the service areas of the aircraft, where the checked baggage and cargo, cargo warehouses, mail processing centers, premises for flight catering services and aircraft cleaning are located in the airport's controlled area;

      2) protection of aerial vehicles on parking points, excluding the possibility of entering of unauthorized persons into aerial vehicles;

      3) exclusion of possibility of unlawful carriage of weapons, ammunition, explosive, radioactive, poisonous, highly flammable and other dangerous substances and subjects, prohibited to transporting on aerial vehicles;

      4) introduction of special measures of precaution upon carriage of weapons and ammunition, ensuring their transportation in luggage in discharged state, in partitions of aerial vehicles isolated from the passengers;

      5) special inspections of aerial vehicles in special cases;

      6) equipping aerial vehicles by technical devices, ensuring safety working of the crew teams in flight, as well as excluding the unlawful use of aerial vehicle;

      6-1) prevention of illegal entry on-board an aircraft, to the airport or to the location of an air navigation facility and other facilities;

      6-2) the necessary security measures in the areas of common access to air terminals and the adjacent territory;

      7) specifically developed authorized body in the scope of civil aviation and state bodies within their competence in ensuring of aviation security by the counter measures of unlawful interference in the aviation activity, as well as by other measures, ensuring aviation security.

      2-1. If aerial vehicle is subject to the act of unlawful interference, the commander of aerial vehicle shall carry out the attempt to perform landing on acceptable aerodrome as soon as practicable, determined by the authorized body in the scope of civil aviation in accordance with the Rules of aviation security, if the situation on board of aerial vehicle does not require otherwise.

      3. Air operators of aerial vehicles shall ensure existence of Instruction on board of aerial vehicle for crew teams of civil aerial vehicles on the actions in emergency situations, approved by the authorized body in the scope of civil aviation.

      3-1. It is prohibited for an unauthorized person to illegally enter on board an aircraft during arrival, departure and during parking.

      4. Air control and supervision of compliance with the Laws, rules and procedures, ensuring the protection of civil aviation of the Republic of Kazakhstan from the acts of unlawful interference shall be carried out by the authorized body in the scope of civil aviation jointly with other state bodies in accordance with their competence.

      4-1. The authorized body in the field of civil aviation annually adopts a program to ensure the continuous supervision of aviation security, which means a set of measures aimed at conducting inspections, tests and reviews in civil aviation organizations for compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities in terms of ensuring aviation security.

      5. Conduct of control and supervision of the quality of aviation security measures, mentioned in paragraph 2 of this Article shall be carried out by:

      1) planned verifications with regularity no less than once a year and unscheduled verifications of the air operators of aerodromes (helicopter aerodromes) and air operators of civil aerial vehicles of the Republic of Kazakhstan and air operators of civil aerial vehicles of foreign states, performing regular flights to the airports of the Republic of Kazakhstan;

      2) official experiments, conducted by the bodies of national security;

      3) internal verifications on aviation security by the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      4) certification procedure of organizing the inspection by aviation security service of the airport;

      5) conduct of selecting the specialists, carrying out control and supervision of the quality of aviation security measures;

      6) conduct of analysis of the aviation security state, including detecting defects and adoption of measures on their elimination;

      7) testing of the aviation security system;

      8) conducting reviews of the state of aviation security.

      6. Verifications of air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles shall be conducted for determination of their ability to ensure protection of people, aerial vehicles, objects of civil aviation, radio navigation facilities, equipment, located in the controlled area of airport, from the acts of unlawful interference.

      7. Selective inspections are conducted taking into account the assessment of threats and traffic volume through the airport or by operators of civil aircraft, as well as the previously identified violations in the field of aviation security.

      8. Requirements on conduct of official experiment:

      1) official experiment shall imitate the act of unlawful interference, able to violate continual activity of civil aviation organizations and check the quality of ensuring aviation security of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      2) conduct of official experiment shall not impose a threat to lives of people and safety of aerial vehicles, aviation equipment and other objects, being in the controlled area of airport;

      3) official experiment shall not inflict material harm to the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles, other individuals and legal entities and shall not influence on continual activity of the civil aviation organizations;

      4) official experiment shall be carried out under permanent control of representatives of the bodies of national security, head of experiment and head of the aviation security service of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      5) exclude the application of force and other methods of avoidance of detention and performance of requirements of the representatives of aviation security service or state bodies, participating in official experiment by participants of experiment.

      9. Operators of airports, aerodromes (heliports) and civil aircraft take internal measures to control the quality of aviation security, which include internal audits, inspections, surveys, and reliability checks. The measures are taken by the internal auditor (expert) of quality control on the basis of the internal quality control program for aviation security, developed in accordance with the Rules for conduct of quality control for compliance with aviation security.

      10. Tests of the aviation security system and reviews of the state of aviation security are conducted by the authorized body in the field of civil aviation in accordance with the Rules for conduct of quality control for compliance with aviation security.

      Footnote. Article 105 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 106. Aviation security services

      1. An airport and airline performing regular air transportations, as well as air navigation service providers, should have in their structure an aviation security service, equipped with the necessary technical means and personnel, to protect civil aviation from the acts of unlawful interference.

      Air operator performing the aviation works and unscheduled airborne transportations shall have responsible person on aviation security in its structure.

      1-1. Employees of aviation security service of airports and airline carriers shall have the right to application, storage and bearing of service weapons and ammunition to it in accordance with the legislation of the Republic of Kazakhstan.

      2. A citizen of the Republic of Kazakhstan, who is directly subordinate to the first head of the airport, the airline performing regular air transportations and who is his deputy appointed by agreement with the national security bodies of the Republic of Kazakhstan, may be the head of the aviation security service of the airport, the airline performing regular air transportations, who have passed training and allowed to work in accordance with the training and retraining program for aviation security.

      Heads of the aviation security service of airlines carrying out transportation of the President of the Republic of Kazakhstan and other protected persons are appointed in agreement with the State Security Service of the Republic of Kazakhstan.

      Responsible person on aviation security of the air operator, performing the unscheduled airborne transportations and aviation works may be only the citizen of the Republic of Kazakhstan, immediately subordinated to the chief executive officer of air operator, appointed in coordination with the bodies of national security.

      3. Personal responsibility for ensuring aviation security shall be imposed on:

      1) the first head of the organization, which is the airport operator, and his deputy - the head of the aviation security service of the airport;

      2) the first head and his deputy - the head of the aviation security service of the airline performing regular air transportations;

      3) chief executive officer and responsible person on aviation security of the air operator of aerial vehicles, performing the unscheduled airborne transportations and (or) aviation works;

      4) owner of aerial vehicle, related to the air operators of general aviation;

      5) the first head of the body and the head of the aviation security service of the air navigation service provider.

      4. Activity of the aviation security services of civil aviation organizations shall be carried out in cooperation with the authorized body, bodies of national security, law enforcement and other state bodies of the Republic of Kazakhstan in accordance with their competence.

      5. The aviation security service shall not admit the persons, having record of conviction that is not removed from official records or not expunged in the manner, established by the Law as for the date of acceptance for employment.

      Footnote. Article 106 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 107.Inspection

      1. For the purpose of safety ensuring of passengers and crew team members of aerial vehicle, the aerial vehicle, its onboard resources and food, crew team members, passengers, luggage, cabin luggage, including the things, being upon passengers, as well as cargos and postal matters shall be subject to compulsory pre- flight inspection.

      2. Pre-flight inspection of passengers, baggage, hand luggage, including things, held by passengers, crew members, civil aviation personnel, personnel of onboard reserves and on-board catering, cargo and postal items and all persons visiting the airport controlled area, is conducted by inspectors of the aviation security inspection, who have undergone appropriate training under the programs and obtained permission from the authorized body in the field of civil aviation to work in accordance with the program of training and retraining in aviation security.

      Air operators of aerial vehicles shall answer for conducting pre-flight inspection of own aerial vehicles.

      Inspection in flight shall be performed by crew team member appointed by commander of aerial vehicle.

      Special inspection of aerial vehicle in airports shall be carried out by the personnel of aviation security service of airport with engagement of crew team members (maintenance personnel) and state bodies in accordance with their competence.

      3. On the unclassified aerodrome, temporary aerodrome, landing place on which there is aviation security service, the conduct of pre-flight inspection shall be imposed on the crew team of aerial vehicle.

      4. Proposal for passenger to present possibly available dangerous substances and subjects, established by the list of hazardous substances and subjects, as well as all the types of drugs, prohibited for passengers to carriage on civil aerial vehicles shall precede the inspection of cabin luggage, luggage and personal inspection of passengers.

      Verification of documents, certifying identity of a passenger shall be conducted upon inspection with carriage documents.

      Passengers, evading from inspection of cabin luggage, luggage and personal inspection shall not be allowed for transportation.

      Responsibility for organizing the inspection shall be borne by the heads of airports and heads of aviation security service.

      5. On aerial vehicle, from the moment of closing all its doors after loading and until the moment of opening any of these doors for unloading, inspection may be performed independently from the agreement of a passenger.

      6. Upon inspection, technical means, the requirements of which shall be established by the Government of the Republic of Kazakhstan shall be applied.

      In a capacity of additional measures on ensuring of aviation security, the selective personal inspection of passengers and inspection of their cabin luggage and luggage may be performed by hand.

      Personal inspection of passengers and inspection of their cabin luggage and luggage by hand shall be carried out within the ambits, required for detecting the substances and subjects, prohibited for carriage on aerial vehicle, in accordance with the Rules of aviation security.

      For the purpose of detecting tools or subjects of committing administrative infraction, the personal inspection shall be performed by civil servants, listed in the Code of the Republic of Kazakhstan “On administrative infractions”.

      For the purpose of detecting all available substances and subjects prohibited for carriage on civil aerial vehicles by passengers and crew team members, personal inspection shall be performed by the specialists of aviation security service of airport.

      Personal inspection shall be performed only by persons of the same gender with the inspected passenger in the special designated premises in airports, satisfying the requirements of sanitary and epidemiological rules and regulations.

      Personal inspection of several passengers shall be prohibited in one premise simultaneously.

      Results of personal inspection shall be drawn up by the act, signed by a person, adopted decision on performance of inspection, by a person performing the inspection, and a passenger.

      7. If upon inspection of cabin luggage, luggage and personal inspection of a passenger, the substances and subjects, prohibited to carriage on civil aerial vehicles were not detected, the civil servants of airport and airline carriers, as well as other persons, performing inspection shall be obliged to adopt necessary measures, ensuring departure of a passenger by the flight, on which he (she) have a ticket, or by the next flight.

      In case of refusal of a passenger from the flight or from continuation of the flight by the reason of delay with departure, occasioned by inspection, the airline carrier shall compensate the cost of ticket or its unused part at his (her) request in the manner, provided by the Rules of transportation of passengers, luggage and cargos on air transport.

      8. Inspection shall be carried out in respect of each person and his baggage carried on an aircraft, except for the officials on a special list approved by the Government of the Republic of Kazakhstan.

      9. Procedure and conditions for performance of inspection in controlled area of airport shall be determined by the Rules of aviation security.

      10. Depending on the level of threat established in accordance with the legislation of the Republic of Kazakhstan on countering terrorism, the passengers and persons visiting terminals, the things, held by them, including hand luggage and baggage, are subject to inspection in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 108. Certificate of crew team member

      Presenting certificate of crew team member by the persons of aviation personnel during fulfillment of official duties by them shall grant them the right of priority undergoing the inspection in airports. Certificate of crew team member is a pass to the controlled area of airports.

      Issuance of the crew member's certificate to the flight crew, cabin crew, technical support staff providing technical support for flights, and personnel ensuring the safety of the aircraft in flight, after coordination with the national security bodies is carried out in accordance with the Rules for issuance of a crew member's certificate to the flight personnel, cabin crew, technical support staff providing technical support for flights, and personnel ensuring the safety of the aircraft in flight, approved by the authorized body in the field of civil aviation.

      Footnote. Article 108 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 15. FINAL AND TRANSITIONAL PROVISIONS Article 109. Responsibility for violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity

      Violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 110. Transitional provisions

      1. Airline carriers, created before enforcement of this Law shall be obliged to introduce the relevant amendments in their constitutive documents within one year from the date of enforcement of this Law.

      2. In case of non-fulfillment of requirement of paragraph 1 of this Article by airline carriers, the authorized body in the scope of civil aviation shall revoke the air operator certification of civil aerial vehicles no later than three months from the date of expiration of the term, established by paragraph 1 of this Article.

Article 111. Order of enforcement of this Law

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, with the exception of the items from two to six of paragraph 3 of Article 16, that enter into force upon expiry of six months after its first official publication.

      2. Shall be deemed to have lost force from the date of enforcement of this Law:

      1) Law of the Republic of Kazakhstan dated 20 December 1995 “On use of air space and aviation activity of the Republic of Kazakhstan” (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Article 148; Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 321; No. 24, Article 338; 2002, No. 15, Article 147; 2003, No. 10, Article 54; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 8, Article 52; No. 9, Article 67; No. 18, Article 143; No. 20, Article 152; 2009, No. 18, Article 84; 2010, No. 5, Article 23);

      2) Law of the Republic of Kazakhstan dated 15 December 2001 “On state regulation of civil aviation” (Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 320; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 9, Article 67; No. 18, Article 143; 2009, No. 18, Article 84; 2010, No. 5, Article 23).

The President


of the Republic of Kazakhstan

N. Nazarbayev



On Use of Air Space of the Republic of Kazakhstan and Aviation Activity

The Law of the Republic of Kazakhstan dated 15 July 2010 No. 339-IV.

      Unofficial translation
      Note of RCLI!
      The order of enforcement of this Law of the Republic of Kazakhstan see Article 111

      This Law regulates public relations related to the use of the airspace of the Republic of Kazakhstan and the aviation activities and determines the procedure for the use of airspace and aviation activities in order to protect human life and health, environment, the interests of the state, ensure the safety of aircraft operations and meet the needs of the economy of the Republic Kazakhstan, individuals and legal entities in aviation services.

      Footnote. Preamble in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 1. GENERAL PROVISIONS Article 1. Basic definitions, used in this Law

      The following basic definitions shall be used:

      1) accident rescue operations – the set of measures, oriented to well-timed rendering of assistance to those suffering distress or distressed;

      2) air company – a legal entity, who has certification of air operator of civil aerial vehicles;

      3) air route certificate – the document to the right of use of aviation route for performance of regular flights;

      4) aviation – all types of organizations, the activity of which is oriented to creation of conditions and use of the air space by a human using the aerial vehicles;

      5) aviation works – the specialized operations, performed by the air operator with the use of civil aerial vehicles on behalf of other individuals and (or) legal entities;

      6) aviation security - protection of civil aviation from the acts of unlawful interference, which is achieved by implementing a set of measures and attracting human and material resources;

      6-1) review of the state of aviation security - an assessment of security needs, including identification of vulnerabilities that can be used to commit an act of unlawful interference and development of recommendations for corrective actions;

      7) aviation activity – all types of activity, oriented to creation of conditions and use of the air space by a human using the aerial vehicles;

      8) aviation services – the services of civil aviation, linked with organization and ensuring of airborne transportation of passengers, luggage, cargo, postal matters and with performance of aviation works for payment or on hire;

      9) illegal interruption in aviation activity – unlawful act encroaching on safe aviation activity, entailed misfortunes with people, financial damage, despoliation or hijacking of aerial vehicle or created the threat of ensuing of such consequences;

      10) aviation route - air route or set of geographical descriptions of ground surface, above which their communication between the points of air carriage shall be carried out;

      10-1) aviation medical center - a legal entity that performs medical examination in the field of civil aviation;

      10-2) certificate of aviation medical center - the document of the established form, certifying compliance of the aviation medical center with the certification requirements;

      10-3) aviation medical expert - an individual who has a certificate of an aviation medical expert who participates in ensuring safety of flights by conducting a medical examination;

      10-4) certificate of an aviation medical expert - the document of the established form that gives the aviation medical expert the right to conduct medical examination and issue a medical certificate;

      11) aviation training centre – a legal entity, carrying out the training, re- training and maintenance of professional level of aviation personnel;

      12) aviation training centre certification – the standard type document, certifying the conformity of the aviation educational organization to certification requirements;

      13) certification of maintenance operations and repair of aviation equipment – the standard type document, certifying the conformity of the organization on maintenance operations and repair of aviation equipment to certification requirements;

      14) aviation personnel – individuals, who have the specialized and (or) professional training, carry out the activity on performance and operation of flights of aerial vehicles, airborne transportations and aviation works, maintenance operations of aerial vehicles, organization of air traffic maintenance, air traffic control;

      14-1) aviation hub - is an air transport hub airport having the necessary infrastructure for arranging connecting flights, which is used by airlines as an intermediate point for delivery of passengers, luggage, postal items and cargo to the destination point;

      15) aerodrome section of the road – particular section of the road, authorized by the body in the scope of state aviation, used for takeoff and landing of aerial vehicles of the state aviation upon deciding official and military tasks and tasks of battle training;

      16) authorized body in the scope of civil aviation – the central executive body, carrying out the management in the field of use of the air space of the Republic of Kazakhstan and activity of the civil and experimental aviation;

      16-1) international organizations in the field of civil aviation - international organizations that carry out activities in the field of civil aviation and adopt aviation regulations aimed at ensuring security, regularity, efficiency and regulation of other air transport issues;

      17) aeronautical standard of the international organization in the scope of civil aviation – the requirement, regulating organization and carrying out particular aspects of activity of the civil aviation, accepted by the international organization in the scope of civil aviation;

      18) organization of civil aviation – a legal entity, carry out the activity in the scope of civil aviation;

      19) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      20) air operator certification of civil aerial vehicles – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of the air operator to the Rules of certification procedure of air operators of the civil aerial vehicles and certification requirements;

      21) state registration certificate of civil aerial vehicle – the standard type document, issued by the authorized body in the scope of civil aviation and confirming the entry of the civil aerial vehicle in the public register of civil aerial vehicles of the Republic of Kazakhstan;

      22) air worthiness certification of civil aerial vehicle – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of civil aerial vehicle to the air worthiness standards;

      23) aerial vehicle suffered disaster – the aerial vehicle, received serious damage upon taxiing operation, flying-off, landing or crashing or fully destroyed, as well as the aerial vehicle committed unscheduled landing beyond the aerodrome;

      24) aerial vehicle suffering disaster – when an aerial vehicle or people on board are threatened by immediate danger or when radio communication is lost and location of this vehicle is unknown;

      25) flights of specific importance – the status assigned by the state bodies, authorized by the Government of the Republic of Kazakhstan on flights of aerial vehicles, as well as on route (flights) of their travel during airborne transportation of protected persons of the Republic of Kazakhstan;

      26) flying club – the legal entity that use the aerodrome (helicopter aerodrome), airport on the basis of property or other legal basis and carry out the activity of air operators of general aviation in cases, provided by this Law;

      27) aeronautical information – information, received in the results of collection, analysis and processing of data for the purpose of flight operations of aerial vehicles, air traffic maintenance and air traffic control;

      28) aeronautical information document – the document that contains information, and has significant importance for flight operations, air traffic maintenance and air traffic control, approved and published in the established manner;

      28-1) aeronautical service – the complete services, linked with air traffic maintenance, operation of radio equipment and means of communication, meteorological and search and rescue flight operations, provision of aeronautical information;

      29) aeronautical organization – the organization of civil aviation, carrying out air traffic maintenance and transfer of required meteorological information to the board of aerial vehicle, provision of aeronautical information for air space users and operation of radio equipment and means of communication;

      29-1) certification of the air traffic support body and (or) radio equipment and communications operation service of aeronautical organization – the standard type document, certifying the conformity of air traffic support body and (or) radio equipment and communications operation service of aeronautical organization with certification requirements;

      30 aerodrome – particular region of ground or water surface (including buildings, constructions and equipment), intended fully or partially for arrival, departure and movement of aerial vehicles over this surface;

      31) aerodrome (helicopter aerodrome) air worthiness certification – the document, issued by the authorized body in the scope of civil aviation, certifying the conformity of an aerodrome (helicopter aerodrome) to the standards of their operational suitability;

      32) aerodrome environs – the territory of ground surface with the centre in aerodrome check point and with the radius, determined by the authorized bodies in the scopes of civil and state aviation;

      33) aerodromemeteorological body – the service, located on aerodrome, intended for meteorological support of flights of aerial vehicles;

      34) aerodrome traffic – the traffic of aerial vehicles and means of transport on the maneuvering area of an aerodrome, as well as flights of all aerial vehicles in the region of aerodrome;

      35) aerodrome check point – the check point, determining the geographic location of an aerodrome;

      36) airport – the complex of constructions, intended for receipt and departure of aerial vehicles, service of airborne transportation and having an aerodrome, airport terminal, other required constructions and equipment for these purposes;

      37) airport activity – the activity, carried out by individuals and (or) legal entities in airports, linked with provision of airborne transportations, aviation works, flight operating safety and aviation security;

      38) certification of organization on inspection by the service of aviation security of airport – the standard type document, certifying the conformity of organization of inspection by the service of aviation security of airport with certification requirements;

      39) control zone of airport – the working area of airport, aerodrome, objects of aeronautical flight operations and the territory, adjoining to them, outbuildings, constructions, storage facilities, the access to which shall be controlled by the service of aviation security;

      40) aerial vehicle – the apparatus, maintained in the atmosphere due to its interaction with air, excluding the interaction with air, reflected from the ground (water) surface;

      41) a carrier – the air carrier who shall deliver all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) with crew team for one or several flights for a valuable consideration to the other party (freighter) in accordance with the contract of affreightment (charter) for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;

      42) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      43) a freighter – the individual or legal entity, concluded the contract of affreightment (charter) with air carrier (carrier) on transfer of all the seat capacity or part of seat capacity of one aerial vehicle (or several aerial vehicles) in use with crew team for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes;

      44) maximum certified takeoff weight of aerial vehicle – the maximal acceptable takeoff weight of aerial vehicle, mentioned in the type certification or air worthiness certification of civil aerial vehicle;

      45) flight of aerial vehicle – the movement of aerial vehicle on ground (water) surface and in air space from the beginning of takeoff roll (lift-off from the ground or water surface during vertical takeoff) until the end of roll operation (release of the flight strip without a stop) or wheels-on of the ground (water) surface during the vertical landing;

      46) use regime of air space – temporary procedure for use of particular elements of the structure of air space of the Republic of Kazakhstan, established for carrying out activity, requiring the specialized organization of use of the air space;

      47) air traffic – the movement of aerial vehicles, being in flight and on the maneuvering area of an aerodrome;

      48) air traffic maintenance – the inflight and information service, alarm reporting, dispatching service of air traffic (region dispatching service, approach dispatching service or aerodrome dispatching service);

      49) air traffic support body – the body of dispatching service of air traffic, centre of flight information or report centre, concerning the air traffic maintenance by the aeronautical organization;

      50) air traffic control – the complex process of planning, coordination, flight operations, immediate air traffic control of aerial vehicles on the ground and in the air, as well as control for compliance with established regime of flights and procedure for use of the air space;

      51) air traffic control body – the control centre or control unit of the state aviation, carrying out the control of air traffic within its competence and in the zones and regions, established for it;

      52) airborne transportation – the activity of individuals and legal entities on transportation of passengers, luggage, cargo and postal matters through the aerial vehicles;

      53) air path – the air space in the form of corridor intended for flights of aerial vehicles and equipped by aeronautical equipment;

      53-1) contract of affreightment (charter) – the contract of carriage (freight) according to which, a lessor (carrier) shall be obliged to assign all the seat capacity or part of the seat capacity of one aerial vehicle (or several aerial vehicles) to a lessee (freighter) for a valuable consideration for temporary possession and use for one or several flights for transportation of passengers, luggage, cargo, postal matters or for other purposes and shall render the services on its management and on its technical operation using own efforts;

      54) zone of responsibility – the air space of particular size in which the air traffic support body or control body of the air traffic carries out its functions;

      55) a passenger – an individual, not included to the composition of a crew team and transmitted on an aerial vehicle in accordance with the air carriage agreement or on the basis of other legal grounds;

      55-1) inspectorial breve – the act of individual nature, issued by the state aviation inspector following the results of state control and supervision to individuals and legal entities for elimination of detected violations;

      56) a member of cabin crew – a person, relating to aviation personnel that shall fulfill the obligations on the board of aerial vehicle, assigned to him (her) by an air operator or commander of aerial vehicle, but not being the member of flying crew on behalf of safety and for the purposes of passenger service and (or) transportation of cargos;

      57) commercial airborne transportation – the activity of legal entities on transportation of passengers, luggage, cargos and postal matters by the civil aerial vehicles or on hire in accordance with the air carriage agreement;

      58) State register of civil aerial vehicles of the Republic of Kazakhstan – the document, in which the state registration of civil aerial vehicles of the Republic of Kazakhstan, rights to them and transactions with them shall be made;

      59) air space of the Republic of Kazakhstan – the air space over dry land and water territory of the Republic of Kazakhstan, as well as over its territorial seas;

      60) Register of aerial vehicles of the state aviation of the Republic of Kazakhstan – the document in which the state registration of aerial vehicles of the state aviation of the Republic of Kazakhstan shall be made;

      60-1) irrevocable power – the power of an individual or legal entity, in favour of which the right to impose requirements for exclusion from the State register of civil aerial vehicles of the Republic of Kazakhstan (deregistration) and exportation of an aerial vehicle is given in accordance with the Minutes on aviation equipment to the Convention on international guarantees in relation to mobile equipment;

      61) danger zone – the air space of established sizes within which the activity, constituting the danger for flights of aerial vehicles may be carried out in particular periods of time;

      62) landing place – the plot of land, ice, water surface, surface of construction, as well as surface of floating structure intended for takeoff, landing, taxiing operation and parking stand of aerial vehicles;

      63) alternate aerodrome – the aerodrome on which the aerial vehicle may proceed in the case, if it is impossible or inadvisable to proceed on the aerodrome of planned landing or perform the landing on it;

      63-3) the body of control and supervision over state aviation activities - is the structural subdivision of the authorized body in the field of state aviation, which exercises state control and supervision over the state aviation activities;

      64) authorized body in the scope of state aviation – the central executive body, carrying out the management in the field of use of air space of the Republic of Kazakhstan and activity of the state aviation;

      65) meteorological information – the meteorological report, analysis, forecast and any other information, concerning the factual or expected meteorological conditions, intended for the users of air space;

      66) an air operator – an individual or legal entity, engaged in operation of civil aerial vehicles or rendering own services in this field;

      67) investigation – the process which includes collection and analysis of information, preparation of conclusions on aviation accidents or incident, including determination of its reasons and (or) contributing factors, and drawing up recommendations on safety ensuring, conducted for the purpose of its prevention;

      68) occasional flight (flight operation) – the flight (flight operation) that is not regular and performed for particular customer for the purpose of airborne transportation or without it;

      68-1) permanent supervision – the type of the state supervision for compliance with established requirements by individuals and legal entities, underwent certification procedure for the purpose of provision of safety aviation services to population;

      69) regular flight – the flight, performed in accordance with established and published schedule by the air company;

      70) forbidden zone – the air space of established sizes over the territory of the Republic of Kazakhstan within which the flight operations of aerial vehicles is prohibited without special permit;

      71) a helicopter – the aerial vehicle that is heavier than air which is maintained in flight generally due to reaction of the air with one or several lifting propellers rotating by the engine unit around the axes, being approximately in vertical position;

      72) helicopter aerodrome – the aerodrome or particular surface area on construction, intended fully or partially for arrival, departure and movement of helicopters over this surface;

      72-1) a single operator for provision of helicopter services - a legal entity that has the material and technical resources, aircraft and qualified personnel who is a subject of civil aviation;

      73) temporary aerodrome – the aerodrome, intended for flight operations of aerial vehicles in particular period of a year that does not have fixed structures and equipment, subject to registration in established manner;

      74) aircraft – the aerial vehicle that is heavier than air, put in motion by the engine unit, the ascensional power in which flight is created generally due to aerodynamic reactions on the surfaces, remained motionless in these conditions of flight;

      75) air worthiness - technical condition of aerial vehicle, conforming to the aircraft performance characteristics that provide its safety and flying quality;

      76) air worthiness standards –requirements to construction, parameters and flying qualities of aerial vehicles and their components, oriented to safety ensuring of flights;

      77) flight plan – particular information on planned flight or part of flight of aerial vehicle, represented by a pilot, crew team or air operator to the air traffic support bodies and (or) air traffic control bodies;

      78) flight operating safety – the complex of measures, ensuring safety conduct of flights whereby the risk of infliction of the harm to life or health of people or inflicting the harm to property is reduced to acceptable level and is maintained on this or lower level by continuous process of detecting the sources of danger and control of risk factors;

      78-1) flight tests – the flight, carried out for determination of characteristics of aerial vehicle, engine units, aviation and special equipment, weaponization and other aviation equipment, researches in the field of aerodynamics and strength of aerial vehicles, as well as their systems and (or) for determination of conformity of the civil aviation equipment to requirements of air worthiness;

      79) a member of flying crew – a person related to aviation personnel, having the valid aviation personnel certificate on which the obligations are imposed, linked with management of aerial vehicle within the flight time;

      80) restricted traffic area – the air space of established size over the territory of the Republic of Kazakhstan, within which the flights of aerial vehicles are restricted by particular conditions;

      81) typecertification – the document, confirming conformity of the construction with the form of civil aerial vehicle to the air worthiness standards;

      82) international airport – the airport ensuring the international airborne transportations in which the customs, border monitoring and sanitary and quarantine control is organized;

      83) international airborne transportation – the airborne transportation, upon performance of which the points of departure and destination independently from whether or not the suspension in transportation or transshipment located in:

      the territory of two and more states;

      the territory of one state, if the stop in the territory of another state is provided;

      84) temporary management of the airport by an air operator, admitted for carrying out of flights in international traffic – the mandatory conduct of the complex of administrative, legal, financial, organizational and technical and other measures and procedures in relation to air operator of the airport, admitted for carrying out flights in international traffic;

      85) international flight – the flight of aerial vehicle whereby the aerial vehicle crosses the border of the foreign state;

      85-1) search and rescue works – the complex of measures, conducted for the purpose of search and rescue of passengers and screw teams of aerial vehicles, suffered disaster, as well as search and provision of assistance to people upon emergency situations of natural and technogenic nature;

      86) a crew member – a person, relating to aviation personnel, intended for fulfillment of particular obligations on the board of aerial vehicle within the flight time;

      87) certificate of a crew member – the standard type document that shall be issued to crew members, maintenance personnel, ensuring technical support of flights, having valid aviation personnel certificates, and the personnel, ensuring safety of civil aerial vehicle in flight.

      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 2. Sovereignty of the Republic of Kazakhstan over the air space

      1. Full and exceptional sovereignty over the air space, located over dry land and water territory of the Republic of Kazakhstan and its territorial seas shall belong to the Republic of Kazakhstan.

      2. Air space of the Republic of Kazakhstan is the part of its state territory.

Article 3. Legislation of the Republic of Kazakhstan, regulating the use of air space of the Republic of Kazakhstan and aviation activity

      1. Legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall be based on the Constitution of the Republic of Kazakhstan and consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 4. Scope of application of this Law

      The force of this Law shall apply to:

      1) users of air space of the Republic of Kazakhstan;

      2) state, civil and experimental aviation within the Republic of Kazakhstan;

      3) state and civil aerial vehicles of the Republic of Kazakhstan during their being beyond the boundaries of the Republic of Kazakhstan, unless otherwise provided by the Laws of the state of aerial vehicle’s stay.

Article 5. Right of property to aviation facilities

      Aerial vehicles, aerodromes, helicopter aerodromes, airports, technical means and other property, required for organization, performance, support and operation of flights of aerial vehicles may be in the state and (or) private property.

Article 6. Types of aviation

      1. Aviation of the Republic of Kazakhstan shall be divided into state, civil and experimental aviation.

      2. State aviation is the aviation, being under the supervision of the authorized body in the scope of state aviation, internal affairs bodies, Frontier Service of the National Security Committee of the Republic of Kazakhstan, as well as other state bodies under decision of the Government of the Republic of Kazakhstan and used for the purpose of defence, security of the state, protection of public order.

      3. Civil aviation shall be the aviation, not included in composition of experimental and state aviation, used for the purpose of:

      1) transportation of passengers, luggage, cargo and postal matters (airborne transportations);

      2) performance of aviation works;

      3) conduct of educational, sport, social activities, development of technical creativity;

      4) satisfying personal needs of an air operator of aerial vehicle;

      5) conduct of search and rescue and accident rescue operations, rendering of assistance in case of natural disasters;

      6) provision of aeronautical service;

      7) maintenance operations and repair of aerial vehicles;

      8) carrying out of the airport activity and (or) aerodrome (helicopter aerodrome) service;

      9) designing of aerodromes and objects of civil aviation.

      Civil aviation, used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, for a valuable consideration or on hire shall be considered as commercial aviation.

      Civil aviation being in ownership of individuals and (or) legal entities and used for the purposes, mentioned in subparagraphs 1), 2) and 5) of this paragraph, not for a valuable consideration and not on hire, as well as for the purposes, mentioned in subparagraphs 3) and 4) of this paragraph shall be considered as the general aviation.

      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than five thousand seven hundred kilograms, including helicopters with maximum certified takeoff weight less than three thousand one hundred and eighty kilograms shall be considered as light aviation.

      Civil aviation, using aerial vehicles with maximum certified takeoff weight less than seven hundred fifty kilogram, other flight facilities and auxiliary units shall be considered as ultralight aviation.

      4. Experimental aviation shall be considered as the aviation, intended for conduct of design and experimental, experimental, research scientific works and tests in the field of aviation and other equipment.

Article 7. Application of standards and recommended practices of the International Civil Aviation Organization (ICAO), as well as the aviation regulations of other international organizations in the field of civil aviation

      Footnote. The title of Article 7 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. Application of standards and recommended practices of the International Civil Aviation Organization (ICAO) in the territory of the Republic of Kazakhstan is carried out through adopting the relevant normative legal acts provided for by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities, making the necessary changes and additions to them or indicating the references on the application of specific standards and recommended practices of the International Civil aviation organization (ICAO).

      Note by RCLI!
      Action 1 of point 2 provided in wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced from 01.01.2020).
      Note by RCLI!
      This wording of Action 1 of point 2 shall be in force until 01.01.2020 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI.

      2. On the territory of the Republic of Kazakhstan, the aviation rules of international organizations in the field of civil aviation are applied in coordination with the authorized body in the field of civil aviation.

      Separate requirements contained in the aviation rules of international organizations in the field of civil aviation may be included in the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      The operator of a civil aviation aircraft, the type of which is certified by the aviation authorities of a foreign state, has the right to apply the aviation rules of international organizations in the field of civil aviation in English.

      3. Aeronautical standards of international organizations in the scope of civil aviation shall not relate to regulatory documents on standardization, the regulation of which shall be carried out in accordance with the Legislation of the Republic of Kazakhstan for standardization.

      Footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); ; dated 05.10.2018 No. 184-VI (shall be enforced upon expiry of six months after its first official publication).

Chapter 2. STATE REGULATION, control and supervision IN THE FIELD OF USE OF THE AIR SPACE OF THE REPUBLIC OF KAZAKHSTAN AND AVIATION ACTIVITY

      Footnote. Title of chapter 2 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 8. State regulation in the field of use of the air space of the Republic of Kazakhstan and activity of the aviation

      1. The objectives of the state regulation of use of the air space of the Republic of Kazakhstan and activity of the aviation are:

      1) provision of safety use of the air space of the Republic of Kazakhstan by its users, flight operations without threat to life and health of people, environment, interests of the state;

      2) establishment of general principles of carrying out the activity, linked with use of the air space and flight operations;

      3) satisfying the needs of economics of the Republic of Kazakhstan and citizens in aviation services.

      2. State regulation of use of the air space of the Republic of Kazakhstan and aviation activity within own competence shall be carried out by the Government of the Republic of Kazakhstan, authorized bodies in the scopes of civil and state aviation.

Article 9. State control and supervision in the field of use of the air space

      1. State control and supervision in the field of use of the air space shall be carried out for the purpose of prevention and (or) termination, and (or) restraint of violation of the procedure for use of air space of the Republic of Kazakhstan.

      2. State control and supervision in the field of use of the air space shall be carried out in the manner, established by this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. State control and supervision of the aviation activity

      Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. State control and supervision of the activity of state aviation shall be carried out in order to comply with requirements, established by the legislation of the Republic of Kazakhstan in the scope of use of the air space and activity of the aviation.

      2. State control and supervision of the activity of civil, experimental and state aviation shall be carried out by the authorized bodies in the scopes of civil and state aviation.

      3. Procedure for exercising the state control and supervision over the state aviation activities in the matters of flight safety is determined by the authorized body in the field of state aviation.

      4. State control and supervision of the activity of civil and experimental aviation shall be carried out by the authorized body in the scope of civil aviation in the form of:

      1) inspections of civil aviation organizations, the procedure for which is determined by the Entrepreneurship Code of the Republic of Kazakhstan, except for the inspections provided for in subparagraph 2) of this paragraph;

      2) verifications for compliance of individuals and legal entities with safety requirements of the aerial vehicles’ flights and aviation security, procedure for conduct of which shall be determined by this Law;

      3) other forms of control and supervision, including the supervision and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security.

      5. Oversight and analysis of activity of individuals and legal entities on safety ensuring of flights and aviation security, as well as for the purpose of performance of recommendations following the results of investigation of aviation accidents and incidents shall be carried out on the basis of information, documents and materials, provided by individuals and legal entities to the authorized body in the scope of civil aviation in accordance with requirements of this Law.

      6. Following the results of verifications and other forms of control and supervision, the civil servants of the authorized body in the scope of civil aviation may draw up resulting documents (acts, inspectoral breves) and take enforcement actions, provided by this Law and other Laws of the Republic of Kazakhstan.

      Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10-1. Types of inspections for compliance by individuals and legal entities with flight safety requirements for aircraft and aviation security

      1. Inspections of individuals and legal entities for compliance with flight safety requirements for aircraft (hereinafter – flight safety) and aviation security are divided into the following types:

      1) selective;

      2) unplanned.

      A selective inspection shall be appointed by the authorized body in the field of civil aviation in respect of an individual or legal entity engaged in civil and (or) experimental aviation, aircraft and / or their components, equipment providing aircraft operations on the basis of a permanent surveillance program, approved by the authorized body in the field of civil aviation, in accordance with the risk assessment system and taking into account the established time intervals in relation to the previous inspections for the compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities and (or) the standards of the International Civil Aviation Organization (ICAO).

      An unplanned inspection is appointed by the authorized body in the field of civil aviation in respect of an individual or legal entity engaged in civil and (or) experimental aviation, aircraft and (or) their components, equipment providing aircraft operations, for compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities and (or) the standards of the International Civil Aviation Organization (ICAO).

      Depending on the purposes, selective and unplanned inspections are divided into the following types:

      1) inspection of an individual carrying out activities in the field of civil and (or) experimental aviation, including organization, preparation and performance of flights by such an individual;

      2) inspection of a legal entity carrying out activities in the field of civil and (or) experimental aviation;

      3) apron inspections of civil aircraft of foreign operators.

      2. Selective and unplanned inspections are carried out during the working hours of the inspected entity, established by the rules of the labor schedule, unless otherwise specified in part two of this paragraph.

      An unplanned inspection may be conducted after the working hours (at night, weekend or public holidays) in cases where it is necessary to suppress violations directly at the time of their commission.

      Footnote. Chapter 2 is supplemented by Article 10-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 10-2. Activity, subject to control and supervision on safety ensuring of flights and aviation security

      The activity, subject to control and supervision on safety ensuring of flights and aviation security in the scope of civil and experimental aviation shall include:

      1) operation of aerial vehicles, performance of flights and preparation to them;

      2) air traffic maintenance;

      3) provision of aeronautical information;

      4) meteorological support of flights;

      5) maintenance operations of aerial vehicles;

      6) aerodrome flight operations;

      7) radio technical support of flights and aviation telecommunications;

      8) electric lighting operation of flights;

      9) ornithological operation of flights;

      10) training and re-training of aviation personnel;

      11) medical clearance, medical examination, organization of medical assistance to passengers;

      12) emergency and search and rescue support of flights;

      13) provision of civil aerial vehicles, objects and services of airport by fuel and lubrication materials and special liquids;

      14) provision of air operators of civil aerial vehicles and other consumers by the special vehicles and equipment;

      15) the activity, provided by paragraph 1 of Article 90 of this Law that may constitute a danger to the flight operating safety;

      16) aviation security precautions, provided by paragraph 2 of Article 105 of this Law.

      Footnote. Chapter 2 is supplemented by Article 10-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 11. Procedure for conducting inspections for compliance by individuals and legal entities with flight safety and aviation security requirements

      1. Inspections for compliance by individuals and legal entities with flight safety and aviation safety requirements are conducted by the authorized body in the field of civil aviation in accordance with the principle of necessity and sufficiency.

      2. Inspection is carried out by the state aviation inspector of the authorized body in the field of civil aviation (hereinafter - the state aviation inspector) using instructional material.

      3. Inspection is carried out on the basis of an order of the authorized body in the field of civil aviation to conduct an inspection, which specifies the person who carries out the inspection, the start and end dates for the inspection, as well as the data of the inspected individual or legal entity.

      4. State aviation inspectors, during inspection, must present an order to conduct an inspection and an official certificate. The beginning of the inspection is the moment when the inspected person receives a copy of the order to conduct the inspection.

      5. In case of refusal to accept a copy of the order to conduct an inspection or to prevent access to the objects and (or) materials necessary for the inspection to be made by the state aviation inspector conducting the inspection, a protocol is drawn up which is signed by the state aviation inspector conducting the inspection and by the person being inspected or his authorized representative.

      The inspected person has the right to refuse signing the protocol, giving a written explanation of the reason for the refusal. Refusal to receive an order to conduct an inspection is not the ground for canceling the inspection.

      6. Based on the results of the inspection, the state aviation inspector conducting the inspection shall draw up an act on the results of the inspection in two copies.

      The act on the results of the inspection shall specify:

      1) the date, time and place of drawing up the act;

      2) the name of the authorized body in the field of civil aviation;

      3) the date and number of the certificate of appointment of the inspection, on the basis of which the inspection was carried out;

      4) surname, name, patronymic (if it is indicated in the identity document) and the position of the person who conducted the inspection;

      5) the surname, name, patronymic (if it is indicated in the identity document) of the inspected individual or the name and requisites of the legal entity, and in the case of inspection of the civil aircraft of foreign operators - all individuals or entities inspected and other persons present at the time of the inspection;

      6) the date, place and period of the inspection;

      7) information on the results of the inspection, including on the violations detected, and their nature;

      8) information on familiarization or refusal to familiarize with the act of the inspected individual or legal entity, as well as persons present during the inspection, their signatures or a record of the refusal to sign;

      9) signature of the official who conducted the inspection.

      The inspected person has the right to appeal the results of the inspection to the authorized body in the field of civil aviation or to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      The act of the inspection results (if any) contains the conclusions of the conducted studies (tests), examinations and other documents or their copies related to the results of the inspection.

      7. If there are comments and / or objections to the results of the inspection, the person to be inspected shall state them in writing. Comments and (or) objections may be attached to the act on the results of the inspection, as indicated by a corresponding note.

      8. One copy of the act on the results of the inspection with copies of the annexes, with the exception of copies of the documents available in the original from the inspected person, shall be handed to the inspected person or his authorized representative for familiarization and taking measures to eliminate the violations identified and other actions.

      9. In the event that there are no violations of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and the aviation activities, an appropriate entry shall be made in the act on the results of the inspection during the inspection.

      Footnote. Article 11 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 12. Results of the state control and supervision on safety ensuring of flights and aviation security

      1. In case of detection of requirements violation of the legislation of the Republic of Kazakhstan in the field of use of air space of the Republic of Kazakhstan and aviation activity, the inspectoral breves shall be issued to individuals and legal entities on elimination of violations by the state aviation inspectors.

      In the case posing threat to flight safety and aviation security, the state aviation inspector shall issue an inspector’s precept requiring termination of the operation of the aircraft or certain actions of the inspected operator or civil aviation organization.

      2. Inspectoral breve shall be presented to individual or legal entity or their representatives personally or by other method, confirming the fact of departure and receipt.

      Last name, first name, patronymic (in its existence if any) of individual or the name of legal entity, date of issue of inspectoral breve, basis for directing the inspectorial breve, requirement on elimination of detected violations and terms of fulfilling the inspectoral breve, procedure for appeal shall be specified in inspectoral breve.

      3. The inspector’s precept, sent by postal mail by registered mail with notification or electronically via electronic communication channels ensuring a guaranteed delivery of messages, is considered to be served from the day the operator receives the notification of the receipt of the mail item by the addressee or after five working days from the date of sending the notification in electronic form.

      4. Inspectoral breve shall be compulsory for fulfillment by individuals and legal entities, carrying out the activity in the scope of civil and (or) experimental aviation.

      5. Non-fulfillment of inspectoral breve shall be the ground for suspension of the action or revocation of certification (certificate) for carrying out of the activity in the scope of civil and (or) experimental aviation and shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

      Inspectorial breves, issued by the state aviation inspectors may be appealed to superior civil servant or in court.

      Footnote. Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 12-1. Flight operating safety program of civil aviation

      1. The authorized body in the scope of civil aviation shall develop a program on flight operating safety in accordance with the standards of International civil aviation organization (ICAO), which shall:

      1) represent the management system of the flight operating safety in civil aviation in the field of civil aviation;

      2) establish effective integrity of international standards and recommended practice, linked with management system of the flight operating safety;

      3) oriented to achievement of the high level of risk management of the flight operating safety and permanent reduction of the quantity of aviation accidents and incidents.

      2. Flight operating safety program in civil aviation shall include:

      1) the policy and purposes in the field of safety at the state level;

      2) risk management, linked with the flight operating safety at the state level;

      3) safety ensuring of the civil aviation at the state level;

      4) promotion to development of the state aviation safety at the state level.

      Footnote. Chapter 2 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12-2. Civil aviation security program of the Republic of Kazakhstan

      The authorized body in the field of civil aviation, together with the state bodies participating in provision of aviation security in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO), develops the Civil Aviation Security Program of the Republic of Kazakhstan, which:

      1) provides protection of civil aviation from acts of unlawful interference by introducing certain rules, practices and procedures;

      2) implements the concept of aviation security;

      3) defines the policy, objectives and tasks in the field of aviation security;

      4) establishes requirements for protection of airports, aircraft and air navigation facilities from the acts of unlawful interference.

      Footnote. Chapter 2 is supplemented by 12-2 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 13. Competence of the Government of the Republic of Kazakhstan in the field of use of air space and activity of aviation

      The government of the Republic of Kazakhstan shall:

      1) develop main principles of the state policy in the field of use of air space and aviation activity;

      2) carry out international cooperation in the field of use of air space;

      3) determine the authorized bodies in the scopes of civil and state aviation;

      3-1) approve the program on flight operating safety in the scope of civil aviation;

      3-2) approve the program of simplifying formalities during international airborne transportations, representing the set of measures, designed for assistance of establishing the procedures for the purpose of simplifying formalities in the state aviation of the Republic of Kazakhstan;

      4) approve the Rules of use of air space of the Republic of Kazakhstan;

      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6) approve the Rules of organization and operation of the flights of special importance of the Republic of Kazakhstan;

      7) - 15-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      16) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      17) - 26) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      27) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      28) - 41) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      42) approve the Rules of issuing the permits for carrying out the activity that may constitute a threat to flight operating safety of aerial vehicles;

      43) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      44) approves the Civil Aviation Security Program of the Republic of Kazakhstan;

      45) - 51) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      52) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      53) approve the rules of tendering process to international air routes and issuance of international route certificates for rendering of services on transportation of passengers, luggage, cargos and postal matters;

      53-1) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      54) approve the Rules of subsidization of air routes;

      54-1) approve the rules of tendering process to subsidiary air routes and issuance of certificates to subsidiary air routes for rendering of services on transportation of passengers, luggage, cargos and postal matters;

      55) approve the Rules of aviation security of the Republic of Kazakhstan;

      56) approve the Rules of conducting the quality control for compliance with aviation security;

      57) adopt decision on admission of the airports to international flight operations of aerial vehicles;

      58) approve the special list of the civil servants of the Republic of Kazakhstan, transported on aerial vehicle, in relation to which the inspection shall not be carried out;

      59) approve the list of persons, serviced in the special designated rooms of the airports of the Republic of Kazakhstan;

      60) approve the list of hazardous substances and subjects, as well as all types of drugs, prohibited to transportation by passengers on the civil aerial vehicles;

      60-1) defines a single operator for provision of helicopter services;

      61) perform the other powers, imposed on it by the Constitution, this Law, other Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

      Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 14. Competence of the authorized body in the scope of civil aviation in the field of use of the air space and aviation activity

      1. The authorized body in the scope of civil aviation within its competence shall:

      1) carry out the state regulation, state control and supervision of compliance of individuals and legal entities with the legislation of the Republic of Kazakhstan on use of the air space of the Republic of Kazakhstan and aviation activity and (or) with international standards;

      2) carry out implementation of the main principles of the state policy in the field of use of air space and activity of civil and experimental aviation;

      2-1) develops and approves instructional materials, and also issues airworthiness directives in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO);

      2-2) cooperates with the authorized body in the field of state aviation to establish and maintain a system of civil-military coordination in the organization of airspace use;

      2-3) maintains the State Register of Civil Aircraft of the Republic of Kazakhstan;

      3) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      4) approve the Rules of performing the flights in civil aviation of the Republic of Kazakhstan;

      5) approve the Instruction on organization and air traffic maintenance;

      6) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      7) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      8) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      9) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      10) carries out international cooperation with aviation authorities of foreign states and specialized international organizations, including by concluding bilateral agreements on cooperation, sharing experience and information related to civil aviation, as well as representation of the Republic of Kazakhstan in international civil aviation organizations;

      11) participate in conclusion of international treaties of the Republic of Kazakhstan in the scope of civil aviation;

      12) approve the Rules of issuance and grounds for refusal in issuance of permits for performance of international occasional flights;

      13) approve the Rules of retirement of aerial vehicles;

      14) approve the standard type instructions on flight operating safety management of the air operators of civil aerial vehicles, in the airports, upon air traffic maintenance, upon maintenance operation of aerial vehicles;

      15) approve the standard type programs of professional training of aviation personnel, participating in safety ensuring of flights;

      15-1) approves the testing rules for determining the level of proficiency in English used in radiotelephony communications;

      15-2) coordinate the programs of professional training of aviation personnel by the aviation training centres and organizations of civil aviation;

      16) issues a certificate of aviation personnel to a person belonging to the aviation personnel provided for in Annex 1 to the Convention on International Civil Aviation and related to aviation personnel of light and ultra-light aviation in accordance with the legislation of the Republic of Kazakhstan, for the right to carry out professional activities confirming that he has necessary knowledge and skills, as well as compliance of his health with the established requirements, prolongs the validity of the certificate, recalls, suspends the effect of such certificate, making qualification and special notes in the certificate;

      17) carries out certification and issuance of an operator certificate for civil aircraft, a license for the right to perform aviation works, a certificate of an aviation training center, a certificate of an organization for technical maintenance and repair of civil aviation machinery, a certificate of type, an aerodrome validity certificate (heliport), a certificate for organization of inspection by the airport security service, the export certificate of airworthiness of aircraft, air navigation service provider certificate, aviation medical center certificate;

      18) makes changes and additions to the acting certificates (licenses for the right to perform aviation works) issued by the authorized body in the field of civil aviation, refuses to issue certificates (licenses for the right to perform aviation works), recalls, suspends certificates (licenses for the right to perform aviation works) if the owners do not comply with certification requirements;

      19) issues a license for the right to perform flights to the general aviation operator, and also recognizes, modifies, restricts, suspends or recalls the license for the right to perform flights of the general aviation operator;

      19-1) carries out accreditation of foreign carriers planning regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan);

      19-2) involves non-profit organizations that unite the operators of aircraft in the cases established by this Law;

      20) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      21) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      22) approve the Rules of appropriation of time intervals for maintenance of aerial vehicles in the airports of the Republic of Kazakhstan;

      23) approve the schedule of regular flights of foreign air carriers, as well as Instruction on approval of the schedule of regular flights of foreign air carriers on international air routes of the Republic of Kazakhstan;

      24) approve the Instruction of calculating self-cost of the flight hour upon performance of the flights on subsidiary routes;

      25) approve the list of hazardous cargos, intended for transportation by civil aerial vehicles;

      25-1) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      25-2) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      25-3) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      26) is excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      27) carries out coordination of programs on maintenance of aviation safety of the airport and operators of civil aircrafts of the Republic of Kazakhstan and foreign states that perform regular flights to the airports of the Republic of Kazakhstan, the provider of air navigation services;

      28) carry out the coordination of the activity in the field of aviation security between interested state bodies, shall assist to the state bodies in investigation of the acts of unlawful interference in the activity of civil aviation, shall work out the measures on their prevention;

      29) approve the types and forms of passes for the right of passage, transit to the control zone of the airport;

      30) approves the training and retraining program for aviation security;

      30-1) supervises the activities of aircraft operators, aerodrome operators (airports), air navigation service providers, aviation training centers, technical maintenance organizations, aviation security services conducting screening, aviation medical centers, aviation medical experts;

      31) carry out the control and supervision of representing the air traffic maintenance, radio-technical and meteorological support of flights in the scope of civil aviation, as well as verification of the activity and quality of the rendered services;

      32) carry out the control and supervision of the conformity with requirements of flight and technical operations of aviation equipment and means of its ground servicing;

      33) carry out the control and supervision of the conformity of the condition of aerial vehicle, its components, spare parts and auxiliary instruments with requirements of the airworthiness certification issued to an air operator and with requirements of operations documentation, determining the air worthiness;

      34) carry out the control and supervision of compliance with requirements and regulations, established in accordance with this Law by the persons, related to aviation personnel;

      35) carry out the control and supervision of ensuring the established requirements and regulations on the issues of professional training and health condition of aviation personnel by the organizations of civil aviation;

      36) carry out the control and supervision of the content of the objects of aerodromes (helicopters), landing places and quality of services of airport activity, provided by subparagraphs 1) – 7), 9) and 10) of paragraph 1 of Article 65 of this Law;

      37) keep the records of violation of safety requirements of flights and aviation security in the scope of civil aviation;

      38) is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication);

      38-1) carry out the control of search and rescue and accident rescue flight operations in the scope of civil and experimental aviation;

      39) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
      40) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);
      41) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015);

      41-1) determine the procedure for use of the air space over the capital and capital airport in concurrence with the authorized body in the scope of state aviation in accordance with the Rules of use of air space of the Republic of Kazakhstan;

      41-2) carry out the monitoring of conformity of the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity with the standards and recommended practice of the International Civil Aviation Organization (ICAO);

      41-3) ensure the well-timed notification of the International Civil Aviation Organization (ICAO) on existing differences with the standards and recommended practice of the International Civil Aviation Organization (ICAO) and their publication in the documents of aeronautical documents;

      41-4) organizes work to investigate aviation accidents and incidents of civil aviation on the territory of the Republic of Kazakhstan;

      41-5) participate in investigation of aviation accidents and incidents of civil aviation in the territory of other states, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators of aerial vehicles shall be individuals or legal entities of the Republic of Kazakhstan;

      41-6) give recommendations for the purpose of prevention of aviation accidents and incidents or reducing their consequences, as well as carry out analysis of performing such recommendations;

      41-7) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or the air operators being the individuals or legal entities of the Republic of Kazakhstan;

      41-8) conduct statistical data on aviation accidents and incidents, happened with aerial vehicles of the air operators of foreign states in the territory of the Republic of Kazakhstan;

      41-9) participate in the statistical data exchange with international organizations of civil aviation;

      41-10) cooperate with bodies of foreign states and international civil aviation organizations, responsible for investigation of aviation accidents and incidents;

      41-11) cooperate with the interested state bodies of the Republic of Kazakhstan on the issues of investigation of aviation accidents and incidents;

      41-12) ensure the safety of profs upon investigation of aviation accidents and incidents;

      41-13) ensure the integrity of confidential information on flight operating safety;

      41-14) develop, introduce, study and maintain the system of compulsory and voluntary representation of data on aviation accidents and incidents, including the mechanisms of collection, evaluation, processing, storage and registration of aviation events;

      41-15) participate in information exchange on flight operating safety at the state and international levels and in distribution of information on aviation events;

      41-16) carry out the collection and analysis of information, linked with the flight operating safety of civil aviation, as well as composition and bringing of such information to notice of individuals and legal entities, carrying out the activity in the scope of civil aviation. The analysis shall not require the disclosure of the information sources;

      41-17) approves the rules of radio technical support for flights and aviation telecommunications in civil aviation;

      41-18) approves the rules for provision of aeronautical information in civil aviation;

      41-19) approves the airworthiness standards for civil aircraft of the Republic of Kazakhstan;

      41-20) approves the rules for certification and issuance of a type certificate;

      41-21) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-22) approves the rules for certification and issuance of an airworthiness certificate of a civil aircraft of the Republic of Kazakhstan;

      41-23) approves the rules for certification of light and ultra-light aviation;

      41-24) approves the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan;

      41-25) approves the rules for certification and issuance of a certificate of the organization for technical maintenance and repair of civil aviation equipment;

      41-26) approves the rules for certification and issuance of a certificate of the aviation training center for civil aviation;

      41-27) approves the rules for certification and issuance of a certificate of an air navigation services provider, as well as the certification requirements for air navigation service providers;

      41-28) approves the rules for the training of aviation personnel;

      41-29) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-30) approves the rules for arranging working hours and rest for crew members of civil and experimental aviation of the Republic of Kazakhstan;

      41-31) approves the rules for certification and issuance of an operator's certificate of civil aircraft;

      41-32) approves the rules for the operator's admission to aviation work;

      41-33) approves the rules for admission of general aviation operators for flights;

      41-34) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      41-35) approves the model regulations on aero-clubs;

      41-36) approves the rules for organization of flight work in the civil aviation of the Republic of Kazakhstan;

      41-37) approves the rules for organization of flight attendants in the civil aviation of the Republic of Kazakhstan;

      41-38) approves the rules for certification and issuance of the aerodrome validity certificate (heliport);

      41-39) approves the validity standards for operation of aerodromes (heliports) of civil aviation;

      41-40) approves the methodology for assessing compliance with the standards for the validity of aerodromes (heliports) for operation of civil aircraft;

      41-41) approves the rules of airfield support in civil aviation;

      41-42) approves the rules of electro-light technical support of civil aviation flights of the Republic of Kazakhstan;

      41-43) approves the rules for organization of special transport at airports of the Republic of Kazakhstan;

      41-44) approves the rules for providing civil aviation aircraft with aviation fuels and lubricants;

      41-45) approves the rules for storage, preparation for refueling and quality control of aviation fuels and lubricants and special fluids in civil aviation organizations of the Republic of Kazakhstan;

      41-46) approves the rules for ornithological support of flights of civil aircraft in the Republic of Kazakhstan;

      41-47) approves the rules for organization of passenger services at the airports of the Republic of Kazakhstan;

      41-48) approves the rules of fire safety in civil aviation of the Republic of Kazakhstan;

      41-49) approves the rules of emergency rescue services of flights in the airports of the Republic of Kazakhstan;

      41-50) approves the model provision on the air transportation organization service;

      41-51) approves the model provision on the aviation security service;

      41-52) approves the model provision on production and dispatch service of civil aviation organizations;

      41-53) approves the rules for certification and issuance of a certificate for organization of inspection by the airport security service;

      41-54) approves the rules for preflight and special inspections of aircraft;

      41-55) approves the lists of positions of managers and specialists of aviation security services of civil aviation organizations of the Republic of Kazakhstan, as well as qualification requirements for such positions;

      41-56) approves certification requirements for civil aircraft operators;

      41-57) approves certification requirements for aviation training centers;

      41-58) approves certification requirements for organizations for technical maintenance and repair of aviation equipment;

      41-59) approves the requirements for organizations supplying fuel and lubricants for civil aircraft;

      41-60) approves certification requirements for organization of inspection by the airport security service;

      41-61) approves the rules for allowing airlines to perform regular domestic commercial air transport operations;

      41-62) approves uniform requirements and technological procedures at the international airports of the Republic of Kazakhstan for transportation and processing of baggage, postal items and cargo by air;

      41-63) approves the form of an electronic air waybill;

      41-64) approves the rules of information interaction in transportation and processing of baggage, postal items and cargo by air;

      41-65) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      41-66) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);
      41-67) Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication);

      41-68) approves the rules for certification and issuance of a certificate of aviation medical center, as well as certification requirements for aviation medical centers;

      41-69) appoints aviation medical experts;

      41-70) approves the rules for determining the level of qualification of aviation personnel;

      41-71) approves the rules for providing medical assistance to passengers in civil aviation;

      42) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 14 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);  dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 27.10.2015 № 363-V (порядок введения в действие см. ст. 2); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 28.12.2016 № 34-VІ (shall be enforced from 01.01.2017); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15. Competence of the authorized body in the scope of state aviation in the field of use of the air space of the aviation activity

      The authorized body in the scope of state aviation within its competence shall:

      1) carry out the state regulation and state control and supervision of the use of air space and state aviation activity;

      2) carry out the implementation of main principles of the state policy in the field of use of air space and activity of the state aviation;

      3) take measures on reflection of air attack or prevention and (or) termination of the violation of the State Boundary of the Republic of Kazakhstan in the air space, as well as on liquidation of using the force or threat to use the force against sovereignty, territorial integrity and security of the Republic of Kazakhstan;

      4) suppress the violation of the order of using the air space of the Republic of Kazakhstan;

      5) in consultation with the State Security Service of the Republic of Kazakhstan, the national security bodies, develops and approves the list of restricted areas and restricted flight zones;

      6) establish the regimes and short-term restrictions to use the air space in accordance with the Rules of using the air space of the Republic of Kazakhstan;

      7) after coordination with the State Security Service of the Republic of Kazakhstan and with the national security bodies, issues special permits to fly over the restricted areas and restricted flight zones;

      8) issue the permits for performance of international flights by aerial vehicles of foreign states beyond the special appropriated corridors of crossing the State Boundary of the Republic of Kazakhstan in the air space;

      9) coordinate the permits for performance of international flights by aerial vehicles of the state aviation of foreign states;

      10) keep the records of violations of the order of using the air space of the Republic of Kazakhstan;

      11) approves the Rules for state aviation flights of the Republic of Kazakhstan;

      12) approves the Instruction for prevention of accidents in state aviation;

      13) approve the Rules of aviation-engineering support of the state aviation of the Republic of Kazakhstan;

      14) approve the Rules of navigational support of the state aviation of the Republic of Kazakhstan;

      15) approve the Instruction on state, registration and additional identification marking on aerial vehicles of the state aviation of the Republic of Kazakhstan;

      16) approve the airworthiness standards to the operation of aerodromes (helicopter aerodromes), aerodrome sections of the road and operational requirements submitted to the aerodromes of the state aviation of the Republic of Kazakhstan;

      17) approve the Rules of operating the aerodromes (helicopter aerodromes) of the state aviation of the Republic of Kazakhstan;

      18) approves the Rules for the state registration of aerodromes (heliports) of state aviation;

      19) issue decision on air worthiness to the use of aerodromes (helicopter airdromes) of the state aviation;

      20) keep records of the violation of requirements of the flight operating safety of the state aviation, carry out the classifying of aviation accidents and incidents, the control of the state bodies’ activity on conducting the investigations of aviation accidents and incidents in the scope of state aviation;

      21) organizes and conducts flight safety management activities;

      22) approve the Rules of certifying the aviation personnel of the state aviation and issue certificate to a person, related to aviation personnel of the state aviation for the right to carry out professional activity, confirming the existence of his (her) necessary knowledge and skills, as well as conformity of his (her) health to established requirements;

      23) determine the list of offices of the state aviation workers, ensuring the flight operating safety;

      24) approve the Instruction on aviation search and rescue service of the state aviation of the Republic of Kazakhstan;

      25) approve the Rules of medical maintenance of the state aviation of the Republic of Kazakhstan;

      26) approve the Rules of meteorological support of flights of the state aviation of the Republic of Kazakhstan;

      27) approve the Rules of ornithological flight operations of the state aviation of the Republic of Kazakhstan;

      28) approve the Rules of registering the aerial vehicles of the state aviation of the Republic of Kazakhstan;

      28-1) develops and approves the Instruction for operation of automotive and electrical gas equipment at aerodromes (heliports) of state aviation;

      28-2) develops and approves the Instruction on organization of traffic, ground support for flights and pedestrians at aerodromes (heliports) of state aviation;

      28-3) develops and approves the service hours (service life) of aerodrome and technical support for state aviation flights;

      28-4) develops and approves the Instruction on joint use of aerodromes (heliports), landing areas for providing and managing flights of state aviation;

      28-5) develops and approves the Instruction on organization of quality aviation fuels and lubricants and special liquids in state aviation;

      28-6) develops and approves the Rules for organization of air transport in state aviation

      29) approve the Instruction on air traffic control;

      29-1) issue permits provided by the Law of the Republic of Kazakhstan "On Permits and Notifications", subject to the exceptions provided by Subparagraph 7) of Paragraph 2 of Article 3 of the Law of the Republic of Kazakhstan "On Permits and Notifications";

      30) carry out the other powers, provided by this Law, other Laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and Government of the Republic of Kazakhstan.

      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-1. Competence of the authorized agency for civil aviation for natural monopolies

      The authorized agency for civil aviation within its competence shall:

      1) exercise control and regulation of the activities of natural monopolies in accordance with the Law of the Republic of Kazakhstan "On Natural Monopolies";

      2) develop proposals on the formation of the state policy for regulation of natural monopolies and submit them for consideration to the authorized agency that managing for natural monopolies;

      3) analyze the areas of natural monopolies for airport and air navigation services with a view to classifying the services (goods, works) provided by natural monopolies as part of these areas as regulated and make a conclusion on the basis of the analysis about the need to make changes and (or) additions to the list regulated services (goods, works), approved by the authorized agency managing for natural monopolies;

      4) submit for consideration the proposals to the authorized agency managing for natural monopolies on inclusion natural monopolies in the list of airports and air navigation services attracting loans of international financial organizations;

      5) draw up a conclusion on the need of inclusion entities operating in the natural monopolies for airport and air navigation services in the state register of natural monopolies or on exclusion from it and make such an opinion for consideration by the authorized agency managing for natural monopolies;

      6) establish an expert council and approve the provision on it;

      7) develop, approve and apply non-discriminatory methods for calculating tariffs (prices, charge rates) or their limit levels for regulated services (goods, works) of natural monopoly entities;

      8) analyze the information of natural monopoly entities on implementation of investment programs (projects);

      9) agree the concept of a public-private partnership project, concession proposal, feasibility study for public-private partnership project, including a concession project, tender documentation for a public-private partnership project, including a concession project, draft public-private partnership agreements, including concession agreement, as well as introduction of amendments and (or) additions to them regarding the procedure for the formation and approval of tariffs (prices, charge rates) for goods , works and services related for natural monopolies;

      10) develop and approve standards for provision of services to consumers by natural monopoly entities;

      11) develop and approve the methodology for formation and evaluation of projects of investment programs (projects) of natural monopoly entities, as well as monitor and evaluate the performance indicators of their implementation;

      12) establish the method of tariff regulation of the relevant areas of natural monopolies;

      13) develop and approve a methodology for calculating the level of temporary reduction coefficient to tariffs (prices, charge rates) for regulated services (goods, works) of natural monopoly entities for airport services and air navigation;

      14) introduce regulation in cases where, based on analysis of the relevant domestic market, it has been established that such a market is in a state of natural monopoly;

      15) determine the technical conditions of non-discriminatory access for civil aviation;

      16) make compulsory orders to natural monopoly entities for airports and air navigation in the cases established by the legislative acts of the Republic of Kazakhstan on conclution the agreements on services of natural monopoly entities for services of airports and air navigation with consumers, amending the concluded agreements;

      17) make compulsory orders to subjects of natural monopolies for services of airports and air navigation, to state agencies in cases of violation of the Laws of the Republic of Kazakhstan on natural monopolies by them, including orders on reorganization natural monopoly entities for services of airports and air navigation and (or) alienation property;

      18) initiate the change in tariffs (prices, charge rates) for regulated services (goods, work) or their limit levels and tariff estimates of natural monopoly entities for airport and air navigation services in the manner determined by the authorized agency managing for natural monopolies;

      19) request and receive information necessary for the exercise of its powers from individuals and legal entities, including state agencies, local authorities, as well as their officials, in compliance with the requirements established by legislative acts of the Republic of Kazakhstan for disclosure of information constituting commercial and other confidentiality protected by the Law;

      20) initiate the reduction of tariffs (prices, charge rates) for regulated services (goods, work) of natural monopoly entities for airport and air navigation services, taking into account the requirements of Paragraph 1 of Article 15-1 of the Law of the Republic of Kazakhstan "On Natural Monopolies";

      21) coordinate the candidacy of appointed rehabilitation manager and rehabilitation plan of natural monopoly entity for airport and air navigation services;

      22) approve tariffs (prices, charge rates) or their limit levels for regulated services (goods, work) of natural monopoly entities for airport and air navigation services, taking into account the quality requirements established within its competence;

      23) provide clarification on issues of the Legislation of the Republic of Kazakhstan on Natural Monopolies within its competence;

      24) make a decision on the approval of a temporary compensatory tariff to compensate consumers for losses caused by the natural monopoly entity for airport and air navigation services;

      25) in written or in the form of electronic document, depending on the application form, justify the refusal to accept for consideration the application of the natural monopoly entity for airport and air navigation services for approval or change of tariffs (prices, charge rates) or their limit levels;

      26) inform consumers on the decisions regarding the regulation of the activities of natural monopoly entities for airport and air navigation services, except for those that contain information constituting a commercial and other confidentiality protected by the Law;

      27) hold public hearings when considering applications of natural monopoly entities for airport and air navigation services for approval of tariffs (prices, charge rates) or their limit levels;

      28) exercise control over:

      execution the tariff estimates by natural monopoly entity for airport and air navigation services;

      purchases, the costs of which shall be taken into account when approving tariffs (prices, charge rates) or their limit levels and tariff estimates for regulated services (goods, work) of natural monopoly entity for airport and air navigation services;

      29) inform via mass media on cases of violation of the Law of the Republic of Kazakhstan "On Natural Monopolies" and the facts of bringing to responsibility the perpetrators;

      30) post information not later than five calendar days from the day of the decision on its Internet resource on holding public hearings when considering applications of natural monopoly entities for airport and air navigation services for approval of tariffs (prices, charge rates) or their limit levels;

      31) post information on its Internet resource on tariffs (prices, charge rates) and tariff estimates for regulated services (goods, work) of natural monopoly entities for airport and air navigation services no later than five calendar days from the day of their approval;

      32) exercise other powers provided by the Law of the Republic of Kazakhstan "On Natural Monopolies", other Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 15-1 in accordance with the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 15-2. Competence of the authorized agency for civil aviation in relation to socially significant markets

      The authorized agency for civil aviation within its competence shall:

      1) develop proposals for the formation of state policy in relation to socially significant markets and submit them for consideration to the authorized agency managing for natural monopolies;

      2) carry out state regulation of prices and state control over compliance with the pricing procedure and obligations of entities of socially significant markets;

      3) monitor prices of entities of socially significant markets;

      4) agree the limit prices for goods (work, services) sold by entities of socially significant markets;

      5) hold a public hearing when considering notifications of entities of socially significant markets about the upcoming increase in prices for goods (work, services);

      6) make compulsory orders on fulfillment of obligations provided by the Entrepreneurial Code of the Republic of Kazakhstan to the entities of socially significant markets;

      7) in case of non-compliance with order by entity of socially significant market shall file a lawsuit in court to compel entity of socially significant market for providing airport services on domestic flights to perform the actions specified in the order;

      8) initiate and consider cases of administrative violations, as well as impose administrative penalties in the manner determined by the Code of the Republic of Kazakhstan on administrative violations;

      9) exercise other powers provided by the Laws of the Republic of Kazakhstan, Acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

      Footnote. Chapter 2 is supplemented by Article 15-2 in accordance with the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16. Certification in the field of civil aviation

      1. Certification in the field of civil aviation confirms the compliance of operators and civil aviation organizations, aircraft, aerodromes and aviation services provided by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      2. Objectives of certification are the protection of human life and health, environment, the interests of the state, ensuring flight safety and aviation security, meeting the needs of the economy, individuals and legal entities in high-quality aviation services.

      3. Certification is carried out by the authorized body in the field of civil aviation in the cases established by this Law.

      For certification in the field of civil aviation, a fee is collected in the manner and in the amount established by the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget" (the Tax Code). Certification in the field of civil aviation is carried out after paying the specified fee to the state budget.

      4. The authorized body in the field of civil aviation carries out a certification survey for compliance with the certification requirements for operators and civil aviation organizations, using instructional material.

      5. In the case of a certification survey, the applicant must demonstrate the ability and resources, as well as the financial and economic position and legal capacity required to perform the declared activity.

      The results of the certification survey are presented to the applicants for review.

      The authorized body in the field of civil aviation issues a certificate (license for the right to perform aviation work) to the applicant when the applicant complies with the certification requirements and eliminates inconsistencies identified in the certification survey that directly affect flight safety and aviation security.

      6. Inconsistencies to the certification requirements identified in the certification survey are divided into three categories: category 1, category 2 and category 3.

      Inconsistency to the certification requirements, which does not interfere in the activities and is subject to its elimination in improving production, refers to Category 1.

      Inconsistency to the certification requirements, which does not interfere in the activities, provided it is eliminated within the time frame, agreed with the authorized body in the field of civil aviation, or introduction of restrictions, refers to Category 2.

      Inconsistency to the certification requirements, which interfere in the activities, refers to Category 3.

      7. Inconsistencies to the certification requirements of category 3 are characterized by the inability of the applicant to protect life and human health, environment, flight safety and aviation security, based on the technical and financial capabilities of the applicant.

      In case of inconsistencies to the certification requirements of category 3, the authorized body in the field of civil aviation refuses to issue a certificate (licenses for the right to perform aviation work) or limits the validity of the certificate (licenses for the right to perform aviation work) in cases and in the order established by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic Kazakhstan and aviation activities, until the identified inconsistencies are eliminated by the applicant.

      8. In case of inconsistency to the certification requirements of category 2, the authorized body in the field of civil aviation:

      1) sets a deadline for eliminating the detected inconsistency, not exceeding three months from the moment of its detection. The applicant develops a corrective action plan to eliminate the identified inconsistency and submits it to the authorized body in the field of civil aviation within ten working days from the moment of familiarization with the results of the certification survey;

      2) on the basis of an assessment of the measures proposed by the applicant to eliminate the identified inconsistency, approves the corrective action plan or returns it for revision with justification.

      The period specified in the corrective action plan is extended by the authorized body in the field of civil aviation provided that the applicant provides a justification for the need to change it.

      9. The authorized body in the field of civil aviation monitors the submission by the applicant of the corrective action plan and (or) the implementation of corrective actions within the time frame established by the plan, by conducting an audit.

      If the applicant does not submit an acceptable corrective action plan or does not perform corrective actions within the time frame established by the authorized body in the field of civil aviation, the inconsistency to the certification requirements of category 2 becomes the inconsistency to the certification requirements of category 3 and the authorized body in the field of civil aviation refuses to issue a certificate (license for the right to perform aviation works) or recalls a previously issued certificate (license for the right to perform aviation works).

      If there is an inconsistency to the certification requirements of category 1, a corrective action plan is not required.

      10. Refusal to issue a certificate (license for the right to perform aviation work) is carried out in the cases when:

      1) the inconsistencies provided for in paragraph 7 of this article are revealed;

      2) there is a court decision against the applicant prohibiting him from providing this type of service.

      Footnote. Article 16 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-1. Permanent supervision over provision of flight safety and aviation security

      Footnote. The title of Article 16-1 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. The authorized body in the field of civil aviation exercises constant supervision over provision of the flight safety and aviation security by individuals and legal entities.

      Operators and civil aviation organizations certified by the authorized body in the field of civil aviation are subject to continuous supervision over provision of flight safety and aviation security.

      2. Upon carrying out the permanent supervision, the authorized body in the scope of civil aviation shall verify:

      1) maintenance of the conformity with certification requirements and requirements of the legislation of the Republic of Kazakhstan on using the air space of the Republic of Kazakhstan and aviation activity;

      2) performance of the corrective actions plan in accordance with Article 16-3 of this Law.

      3. In the inspection, provided for in paragraph 2 of this article, state aviation inspectors shall:

      1) implement it with the use of instructional material;

      2) provide the inspected individuals and legal entities with the relevant results of supervision over their provision of flight safety and aviation security;

      3) base on the results of previous control, including unscheduled inspections, and flight safety and aviation security priorities in the framework of the established safety management system for flight safety and aviation security of operators and civil aviation organizations;

      4) submit information to the authorized body in the field of civil aviation on the absence or presence of violations for taking measures in accordance with Article 16-3 of this Law.

      4. Continuous supervision is carried out through inspections of operators and civil aviation organizations.

      5. Individuals and legal entities that carry out activities in the field of civil aviation within or outside the Republic of Kazakhstan on the basis of certificates (licenses for the right to perform aviation works) issued by the authorized body in the field of civil aviation, provide information, documents confirming the continuous compliance with certification requirements in carrying out their activities, and are required to ensure access of state aviation inspectors to information, documents, products, parts and equipment, that are the subject of certification in the places and zones under their jurisdiction.

      6. The authorized body in the scope of civil aviation shall acquire and process data for performance of functions of permanent supervision, including the data for evaluation of financial and economic regulation of air operators and civil aviation organizations for adoption of decisions on conduct of unscheduled verifications.

      Footnote. Chapter 2 is supplemented by Article 16-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-2. Program on ensuring the permanent supervision

      1. The authorized body in the field of civil aviation annually adopts a program to ensure permanent supervision, which means a set of activities conducted by the authorized body in the field of civil aviation, to maintain compliance of certified operators and civil aviation organizations with the certification requirements and requirements of the legislation of the Republic of Kazakhstan on the use of airspace of the Republic of Kazakhstan and aviation activities.

      2. The program on ensuring the permanent supervision shall be developed in recognition of the risk assessment criteria of air operators, including the evaluation of financial and economic regulation of air operators and civil aviation organizations, and seize the types of activity, provided by the certification (certificate for the performance of aviation works).

      Air operators and civil aviation organizations shall present information on financial and economic regulation to the authorized body in the scope of civil aviation on a quarterly basis in the form, approved by the authorized body in the scope of civil aviation.

      3. The program for ensuring permanent supervision includes the frequency of inspections taking into account all aspects of the activities of operators and civil aviation organizations during the validity period of the certificate (license for the right to perform aviation works), interaction with officials of operators and civil aviation organizations on supervision matters and recording the results of inspections.

      Footnote. Chapter 2 is supplemented by Article 16-2 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-3. Level of violation of established requirements, detected upon carrying out the permanent supervision, and measures of elimination of violations

      1. Detected violations following the results of permanent supervision shall be divided into violations of the first and second levels depending on the level of violation of the requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity.

      2. Violations of the first level include significant violations of the requirements established by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities that pose a direct threat to flight safety and aviation security.

      Violation of the first level shall include:

      1) refusal in access to the objects of air operator and (or) civil aviation organizations (including aerial vehicles, buildings, constructions, parking shelters, fuel storage depots, working premises and on the territory) of the state aviation inspector;

      2) receipt of certification (certificate for the performance of aviation works), maintenance of the conformity to certification requirements by an air operator or civil aviation organization by falsification of presented documents;

      3) commission of illegal actions or illegal use of the certification (certificate for the performance of aviation works) by an air operator or civil aviation organization;

      4) introduction of amendments and (or) additions in documentation, subject to approval by the authorized body in the scope of civil aviation in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity without the relevant approval by this body;

      5) non-presentation of the corrective actions plan within established term by an air operator or civil aviation organization to the authorized body in the scope of civil aviation for conducting its evaluation or non-performance of corrective actions within the terms, established or extended by the authorized body in the scope of civil aviation, upon violation of the second level;

      6) in other cases, on the basis of which the validity of certification (certificate for the performance of aviation works) shall be suspended or the certification (certificate for the performance of aviation works) shall be revoked in accordance with this Law.

      3. The violations of the second level shall include all the violations of requirements, established by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity that are not included in the violations of the first level.

      4. Upon detection of the violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity during the carrying out of the state supervision, the authorized body in the scope of civil aviation or the state aviation inspector shall direct the breve with requirement of taking corrective actions to the air operator or civil aviation organization for elimination of detected violation.

      In case of necessity, the authorized body in the scope of civil aviation shall inform the competent body of the foreign state in which the aerial vehicles are registered.

      5. Upon violation of the first level, the authorized body in the scope of civil aviation shall take measures on revocation of certification (certificate for the performance of aviation works) or its full or partially limitation or suspension in the cases and in the manner, established by this Law before the moment of elimination of detected violations by the air operator or civil aviation organization.

      6. In case of violations of the second level, the authorized body in the field of civil aviation:

      1) establishes a deadline for elimination of the detected violations, not exceeding three months from the moment of detection of the violation. The operator or civil aviation organization shall draw up a corrective action plan to eliminate the identified violations and submit it to the authorized body in the field of civil aviation within ten working days from the moment of familiarization with the results of inspections or receipt of the inspector's instruction;

      2) on the basis of assessment of measures proposed by the operator or civil aviation organization to eliminate the identified violations, approves the corrective action plan or returns it for revision with justification.

      The terms specified in the corrective action plan are extended by the authorized body in the field of civil aviation provided that the operator or civil aviation organization provides a justification for the need to change them.

      7. The authorized body in the field of civil aviation monitors the submission by the operator or civil aviation organization of a corrective action plan and (or) implementation of corrective actions within the time frame established by the plan by conducting an audit.

      If the operator or civil aviation organization does not submit an acceptable corrective action plan or does not perform corrective actions within the time limits set by the authorized body in the field of civil aviation, violation of the second level becomes a violation of the first level and the measures provided for in paragraph 5 of this Article shall be taken.

      8. The authorized body in the scope of civil aviation shall keep records of all detected violations, taken measures and established terms for their elimination, including corrective actions from the side of air operators and civil aviation organizations.

      Footnote. Chapter 2 is supplemented by Article 16-3 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-4. Control over provision of flight safety and aviation security

      Footnote. The title of Article 16-4 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. The authorized body in the field of civil aviation exercises control over provision of flight safety and aviation security by individuals and (or) legal entities whose activities are not subject to certification by the authorized body in the field of civil aviation, but relates to activities stipulated in Article 10-2 of this Law.

      2. The control is carried out through selective and unscheduled inspections of individual and (or) legal entities, observation and analysis of their activities for compliance with the flight safety requirements, as well as reviews of the state of aviation security and tests of the aviation security system.

      The conduct of selective inspections is carried out with the use of instructional materials and within the terms established by the schedule of inspections.

      The grounds for unscheduled verification of individuals and (or) legal entities upon carrying out of the control shall be:

      1) control of performing the inspectoral breves on elimination of detected violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the result of verification and other forms of control;

      2) receiving information and applications from individuals and legal entities, state bodies, deputies of the Parliament of the Republic of Kazakhstan and local representative bodies on infliction or on threat of inflicting the harm to life, health of a human, environment and legal interests of individuals and legal entities of the state;

      3) initiative application of the verified individual or legal entity on conducting the verification of his (her) activity;

      4) change of the surname, name, patronymic (if it is indicated in the identity document) of the inspected individual or the name, as well as the reorganization of the legal entity being inspected, if a selective inspection has been scheduled for them;

      5) repeated verification, linked with the application of verified individual or legal entity on non-agreement with the initial verification.

      3. In case of detecting the violations of requirements of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, the state aviation inspectors shall issue inspectoral breves on elimination of violations.

      Footnote. Chapter 2 is supplemented by Article 16-4 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-5. Platform verifications of the civil aerial vehicles of foreign air operators

      1. Apron inspections of civil aircraft of foreign operators are carried out by state aviation inspectors using instructional material.

      Aerial vehicles and crew team, carried out landing in the airport of the Republic of Kazakhstan, opened for international flights shall be subject to verification.

      The authorized body in the scope of civil aviation shall take participation in collection and exchange of information with foreign states on performed platform verifications of civil aerial vehicles of foreign air operators on the basis of concluded agreements.

      2. The authorized body in the field of civil aviation accepts the annual schedule of conduct of apron inspections of civil aircraft of foreign operators, based on the calculation method, taking into account the number of operators, the type of aircraft and the number of landings at appropriate aerodromes, and the degree of flight safety risks.

      3. The authorized body in the scope of civil aviation shall carry out unscheduled platform verifications of civil aerial vehicle of foreign air operator, if there is ground for consideration that the standards of International Civil Aviation Organization (ICAO) or conditions and operating restrictions of the air operator certification are not complied on board of this aerial vehicle.

      Such grounds shall be:

      1) control of elimination of previously detected violations in the result of previous verifications and other forms of control;

      2) receipt of information and applications from individuals and (or) legal entities, state bodies on infliction or threat to inflict the harm to life, health of a human, environment and legal interests of individuals and (or) legal entities, the state;

      3) initiative application of the verified foreign air operator on conducting the verification of his (her) aerial vehicle and crew team;

      4) reorganization and change of the name of the inspected foreign operator, if a selective inspection has been scheduled for it;

      5) repeated verification, linked with application of the verified foreign air operator on non-agreement with the initial verification.

      4. Upon conduct of the platform verifications of civil aerial vehicles of foreign air operators, the state aviation inspectors shall be governed by the principle of preventing the unreasonable flight delays of inspectoral aerial vehicles.

      5. The violations, detected in the course of conducting inspections of civil aerial vehicles of foreign air operators shall be classified as follows:

      1) violation of the third category – the violation of established conditions and operating restrictions of air operator certification, having significant influence on the flight operating safety;

      2) violation of the second category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety;

      3) violation of the first category – the violation of established conditions and operating restrictions of the air operator certification, having significant influence on the flight operating safety.

      The conditions for assigning violations to the categories indicated in part one of this paragraph, shall be determined by the instructional material.

      6. In case of violation of the third category, the authorized body in the field of civil aviation shall have the right:

      1) to inform the operator in writing about the revealed inconsistency and to demand proof of adoption of corrective actions;

      2) to inform the competent authorities of the state of the operator and, if necessary, the state of registration of the aircraft and the issuance of flight crew certificates, and to request confirmation from the competent authorities on coordination of corrective actions taken by the operator;

      3) to establish a restriction on operation of an aircraft or to require adoption of urgent corrective actions to eliminate the identified inconsistencies, or to introduce an immediate ban on the operation of an aircraft in the territory of the Republic of Kazakhstan, or detain an aircraft on the ground in accordance with the conditions of paragraph 7 of this Article.

      7. In case there is a ground to consider that the crew team determines actions on performance of the flight on the verified aerial vehicle without taking relevant correct actions on elimination of detected violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating limitations of air operator certification, the state aviation inspector shall notify the commander of aerial vehicle and (or) air operator that the aerial vehicle doesn’t have permit to this flight before receipt of additional instructions, and detain aerial vehicle on the ground.

      8. In case of aerial vehicle detention on the ground, the authorized body in the scope of civil aviation shall inform immediately the competent bodies of state of the air operator and state of the registration of aerial vehicle, if the state of registration is other than the state of air operator, and shall provide necessary conditions jointly with these bodies, upon which the aerial vehicle may receive the permit to the flight.

      9. In case of detecting violations of the International Civil Aviation Organization (ICAO) standards or conditions and operating restrictions of the air operator certification, concerning the air worthiness of aerial vehicle, the prohibition to the flight of aerial vehicle shall be preserved until representation of the air operator to the authorized body in the scope of civil aviation, confirming documentation that:

      1) the violation concerning the air worthiness of aerial vehicle is eliminated;

      2) the air operator has a permit for special flight of this aerial vehicle or the analogous document, issued by the competent body of the state of registration of aerial vehicle or the state of air operator, as well as a permit of transit states for the crossing their air space if appropriate.

      10. Upon detecting the violation of the second category, the authorized body in the scope of civil aviation shall:

      1) inform the air operator on decision in written form, requiring by this the representation of supporting documentation on taken corrective actions;

      2) inform the competent bodies of the state of air operator and state of registration of the aerial vehicle and issuance of flying crew certificates. If appropriate, it shall request the confirmation on agreement of such competent bodies with taken corrective actions by the air operator.

      11. Upon detecting the violation of the first category, the state aviation inspector shall notify a commander of civil aerial vehicle of foreign operator about this for taking measures on their elimination.

      Footnote. Chapter 2 is supplemented by Article 16-5 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-6. State aviation inspector

      1. State aviation inspector is an official of the authorized body in the field of civil aviation, entitled to carry out certification, state control and supervision in the field of civil and experimental aviation.

      State aviation inspectors are appointed from among officials of the authorized body in the field of civil aviation who have special and (or) professional training in implementation and maintenance of aircraft operations, aircraft technical maintenance, air traffic services, as well as those performing the functions of financial, economic and legal support.

      The number of state aviation inspectors, depending on the scale of the flight work performed in the Republic of Kazakhstan by civil aircraft of commercial aviation and general aviation, shall be determined by the authorized body in the field of civil aviation within its approved staffing strength.

      1-1. The categories of state aviation inspectors include:

      chief state aviation inspector;

      senior state aviation inspector;

      state aviation inspector.

      The procedure for assigning officials of the authorized body in the field of civil aviation and its territorial body to the categories of state aviation inspectors shall be determined by the authorized body in the field of civil aviation.

      1-2. When implementing certification, state control and supervision, it is not permitted to interfere in the activity of the state aviation inspector of individual and (or) legal entities, state bodies, except for cases established by the laws of the Republic of Kazakhstan.

      2. Upon fulfilling the obligations, the state aviation inspectors shall have the right to:

      1) unimpeded access to all the controlled zones of airports of the Republic of Kazakhstan, to the aerial vehicles and objects of civil aviation organizations, including parking shelters, fuel storage depots, working premises of the air operators and aviation training centres for carrying out official duties;

      2) request information, documents, including information on qualification of the aviation personnel from the air operators and civil aviation organizations, as well as require explanations and materials, required for performance of own functions, with establishment of terms of their provision;

      3) issue inspectoral breves on the issues of safety ensuring of the flights and aviation security to civil servants of the air operators and civil aviation organizations with the establishment of terms for their performance;

      4) be on the board of civil aerial vehicle in the flight in concurrence with the air operator with the right of being in flight deck or cabin of aerial vehicle.

      3. State aviation inspectors upon carrying out of control and supervision for compliance with the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity shall be obliged to:

      1) comply with the legislation of the Republic of Kazakhstan;

      2) to carry out inspections in accordance with the procedure established by the Entrepreneurship Code of the Republic of Kazakhstan and this Law;

      3) not to prevent established regime of work of civil aviation organization during conduct of verifications;

      4) carry out the powers on prevention, detection and restraint of violations of requirements, established by the legislation of the Republic of Kazakhstan in the field of use of the air space of the Republic of Kazakhstan and aviation activity in accordance with the Laws of the Republic of Kazakhstanwithout undue delay and in full measure;

      5) to check the availability of a certificate of aviation personnel, aircraft, flight documentation, certificates, permits and documents issued under this Law, as well as the compliance of civil aircraft, including foreign ones, with the airworthiness requirements of civil aircraft of the Republic of Kazakhstan and the standards of the International Civil Aviation Organization (ICAO).

      4. Upon being on air operator or civil aviation organization, objects, facilities subject to verification in the territory of the aerodrome (helicopter aerodrome), the air operator of aerodrome (helicopter aerodrome) shall be obliged to ensure unimpeded access to them for the state aviation inspector on the basis of service certificate presented by him (her).

      5. State aviation inspectors shall be provided with monetary allowances established in accordance with a unified system of remuneration of labor for all bodies held at the expense of the state budget approved by the Government of the Republic of Kazakhstan upon agreement with the President of the Republic of Kazakhstan.

      Monetary allowance shall include monetary pay (official salary), bonuses for special labour conditions and other bonuses and premiums, established by the legislation of the Republic of Kazakhstan.

      6. For the maintenance of required level of professional training, the state aviation inspectors on a periodic basis shall:

      1) undergo training on the courses on maintenance of professional level;

      2) conduct training with the operation of aviation equipment and (or) on slight simulators;

      3) maintain professional training (qualification) in civil aviation organizations and the air operators in the volume and at the level, established by the Rules of professional training and maintenance of qualification of the state aviation inspectors, approved by the Government of the Republic of Kazakhstan.

      Note of RCLI!
      Paragraph 7 shall be enforced from 01.01.2014

      7. Insurance of life and health of the state aviation inspectors shall be carried out in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activity upon carrying out of aviation inspections in flight and upon maintenance of qualification with the operation of aviation equipment.

      Footnote. Chapter 2 is supplemented by Article 16-6 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 16-7. State regulation of tariffs (prices, charge rates) in the field of civil aviation

      Footnote. Chapter 2 is supplemented by Article 16-7 in accordance with the Law of the Republic of Kazakhstan dated 27.10.2015 No. 363-V (shall be enforced from 01.01.2017); Is excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16-8. Agreements on transfer of certain functions and duties

      1. The authorized body in the field of civil aviation, within its competence, has the right to delegate functions and duties for monitoring and supervision over compliance with flight rules, the use of radio transmitting equipment and maintaining airworthiness, as well as compliance with requirements and standards by aircraft personnel, as the state of the aircraft registration, to the competent authorities of the foreign state in which this aircraft will be operated without a crew, and also to assume functions and duties, transferred to it by the state of the aircraft registration when it is operated without a crew by the operator of the Republic of Kazakhstan, on the basis of an agreement concluded in accordance with the Convention on International Civil Aviation.

      Operators affected by this paragraph must have on board of the aircraft the certified full copy of the agreement on transfer of functions and duties concluded between the competent authorities of the states for the entire duration of its operation.

      2. The authorized body in the field of civil aviation recognizes the validity of the certificates (licenses) of airworthiness, permission to use radio equipment and crew members’ certificates issued or confirmed by the state of the operator in accordance with the Convention on International Civil Aviation.

      3. Agreements concluded by the authorized body in the field of civil aviation with the competent authorities of foreign states shall be registered with the International Civil Aviation Organization (ICAO) in accordance with the Convention on International Civil Aviation.

      Footnote. Chapter 2 is supplemented by 16-8 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 3. ORGANIZATION OF USING THE AIR SPACE Article 17.Basis for organization of using the air space

      1. Organization of using the air space shall provide ensuring of safety, economic and regular performance of aerial vehicles flying (air traffic), as well as the activity, linked with use of air space.

      Organization of airspace use includes:

      1) definition and establishment of airspace structure and classification;

      2) planning and coordinating the airspace use in accordance with the priorities established by Article 25 of this Law;

      3) determination and provision of a permissive or notification procedure for the airspace use;

      4) air traffic management, which is:

      the air traffic service, air traffic management;

      the organization of air traffic flows;

      5) control and supervision over observance of the Rules for the use of the airspace of the Republic of Kazakhstan. 

      2. Ensuring of compliance with the Rules of using the air space of the Republic of Kazakhstan by all his (her) users within their own zones of responsibility shall be carried out:

      1) by the air traffic support bodies of aeronautical organization with notification on detected violations of the authorized body in the scope of civil aviation on the air paths, local air lines and in the area of aerodromes;

      2) by the air traffic control bodies in the special zones and other regions of the state aviation flights;

      3) by the air traffic control bodies or air traffic support bodies of aeronautical organization in concurrence with the authorized body in the scope of state aviation beyond air paths and local air lines, upon the crossing of the State Boundary of the Republic of Kazakhstan in air space.

      3. Organization of using the air space shall be carried out by the authorized bodies in the scope of civil and state aviation, as well as air traffic support bodies and air traffic control bodies in the zones and regions, established for them in the manner, determined by this Law and Rules of using the air space of the Republic of Kazakhstan. The principles and procedures for civil-military coordination to ensure the flexible use of airspace are established by the Rules for the use of the airspace of the Republic of Kazakhstan.

      4. Organization of the air space structure shall be carried out upon compliance with environmental legislation of the Republic of Kazakhstan.

      4-1. Organization of air traffic flows is carried out by the air navigation service provider, which is a state enterprise subordinated to the authorized body in the field of civil aviation, taking into account the declared capacity of air traffic services units.

      4-2. The need for air traffic services is determined in accordance with the methodology for assessing the need for air traffic services, approved by the authorized body in the field of civil aviation, and taking into account:

      1) the types of the relevant air traffic;

      2) the intensity of air traffic;

      3) meteorological conditions;

      4) other factors that may be relevant to this area or location.

      5. Air traffic services in the controlled airspace of the Republic of Kazakhstan, with the exception of special zones and areas of flights of state and (or) experimental aviation, as well as the areas of unclassified aerodromes (heliports), are performed by the air navigation service provider, which is a state enterprise, subordinated to the authorized body in the field of civil aviation.

      In the areas of individual aerodromes (heliports), the air traffic services may be provided by the air navigation services provider, which is a subject of private business.

      6. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      7. Air traffic support bodies shall be obliged to implement the safety management system of flights, depending on the volume and difficulty of performed flights in accordance with the standard type instruction.

      8. Air traffic support bodies shall develop and coordinate the plans of measures with the authorized body in the scope of civil aviation in case of unforeseen circumstances due to violation of the air traffic maintenance.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 17 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 18. The activity, linked with the use of air space

      1. The activity, linked with the use of air space of the Republic of Kazakhstan shall include:

      1) flights of aerial vehicles and other flight facilities;

      2) all types of shooting and rocket launching, demolition works and other activity, linked with movement of material objects in the air space.

      2. Individuals and legal entities, carrying out the activity, mentioned in paragraph 1 of this Article shall be the users of air space.

Article 19. Structure and classification of the air space

      1. The structure and classification of air space, as well as requirements, submitted to the flights and types of air traffic maintenance within the air space of each class shall be established by the Rules of using the air space of the Republic of Kazakhstan.

      2. To carry out activities related to the use of airspace, the areas (zones) of flight information, dispatch areas, air traffic services routes, central dispatching areas, dispatch areas, airfield traffic areas, areas of uncontrolled airspace, airspace trails, special zones for aircraft flights, restricted areas, hazardous areas, restriction areas for aircraft operations and other special aircraft elements established for carrying out activities in the airspace, which in their totality form the airspace structure of the Republic of Kazakhstan, are established in the airspace of the Republic of Kazakhstan.

      The airspace structure of the Republic of Kazakhstan is published in air navigation information documents in accordance with the rules for provision of air navigation information in civil aviation.

      The air space structure shall be published in the documents of aeronautical information in accordance with the Rules of ensuring the aeronautical information of the air operators of aerial vehicles.

      3. The air space for the purpose of the air traffic maintenance and (or) air traffic control means the air space of particular size within which particular types of flights may be performed and for which the types of air traffic maintenance and flight rules are determined.

      4. Classification of the airspace of the Republic of Kazakhstan for the purpose of air traffic services is determined on the basis of the needs of users of the airspace of the Republic of Kazakhstan, the need to ensure flight safety, their economic efficiency and is published in air navigation information documents.

      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 20. Provision of aeronautical service in air space

      1. Aeronautical service for the users of air space of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, shall be carried out on the basis of agreements (standard form agreement).

      2. Aeronautical service, provided for the users of air space of the Republic of Kazakhstan shall be carried out without consideration in case of flight performance:

      1) of aerial vehicles, suffering or suffered disaster, as well as aerial vehicles, the routes of which were changed due to emergency situation on the board, refusal or defect of material part from the moment of determining the location of aerial vehicle;

      2) aircraft for search and rescue operations, as well as for aircraft involved in trainings for search and rescue operations in accordance with the contract concluded with the air navigation service provider;

      3) aerial vehicles for rendering medical and (or) humanitarian response for population during natural disasters;

      4) of aerial vehicles of the state aviation of the Republic of Kazakhstan;

      5) of aerial vehicles, transferring the President of the Republic of Kazakhstan, Prime Minister of the Republic of Kazakhstan, kingship, heads of states and governments of foreign states;

      5-1) light and ultra-light aircraft;      

      6) in accordance with international treaties, ratified by the Republic of Kazakhstan, if provisions of the treaty provide release from the payment for air traffic maintenance.

      3. Charging the airspace users for provision of air navigation services is performed by the air navigation service provider. Regulation of legal relations with organizations involved in provision of services included in the air navigation services is carried out on the basis of contracts.

      Footnote. Article 20 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 21. Provision of aeronautical information

      1. Air navigation service provider, which is a state enterprise, subordinated to the authorized body in the field of civil aviation, ensures provision of air navigation information in accordance with the standards of the International Civil Aviation Organization (ICAO) and the rules for provision of air navigation information in civil aviation.

      2. Individual or legal entities serving as a source of air navigation information shall be obliged in accordance with the rules for provision of air navigation information in civil aviation, to provide, on a gratuitous basis, the necessary information to ensure flight safety and bear responsibility for the credibility, accuracy and timeliness of provision of such information.

      3. The authorized body in the scope of civil aviation shall carry out the control of ensuring the authenticity, accuracy and timeliness of provided aeronautical information.

      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 22. Types of air traffic maintenance

      1. Air traffic maintenance shall include the following types:

      1) dispatching service of air traffic that means the service, provided in controlled air space for the purposes of:

      prevention of collisions between aerial vehicles and aerial vehicles with obstacles on the maneuvering area;

      acceleration and regulation of air traffic;

      2) inflight and informative maintenance, the purpose of which is provision of advices and information with the use of existing communication facilities for safety ensuring of flight performance;

      3) alarm reporting that is maintenance, provided for notification of the relevant organizations on aerial vehicles, being in need of help of search and rescue services and rendering of necessary assistance to such organizations.

      2. Dispatching service of air traffic shall be divided into:

      region dispatching service for ensuring of dispatching service of flights in the controlled air space;

      dispatching service of the approach for ensuring the dispatching service of flights that linked with arrival and departure of aerial vehicles from the aerodromes (helicopter aerodromes);

      aerodrome dispatching service for ensuring the dispatching service of aerodrome traffic.

      For ensuring the dispatching service of air traffic, the air traffic support body shall:

      1) provide information on expected traffic of every aerial vehicle or its changing, as well as the last information on factual flight progress of every aerial vehicle;

      2) determine comparative location of aerial vehicles on the basis of received information, on which it is informed in respect of each other;

      3) issue permits and information for prevention of collisions between aerial vehicles controlled by them, as well as for acceleration and maintenance of the ordered traffic flow;

      4) coordinate permits with other air traffic support bodies (air traffic control bodies) if appropriate, when the aerial vehicle may create conflicting situation with other aerial vehicles, performing the flight under control of other air traffic support bodies (air traffic control bodies), or before turning over the control of aerial vehicle to other air traffic support bodies (air traffic control bodies).

      Organization and provision of dispatch services of aircraft, including requirements for separation of aircraft, are determined by the Instruction on organization and maintenance of air traffic.

      3. Dispatch permits issued by air traffic services units are based on the requirements for provision of air traffic control services.

      4. Flight information services are provided for all aircraft the flights of which may be affected by this information and which are provided by the air traffic control service or whose location is known to the air traffic services unit.

      5. Alarm reporting shall be provided by:

      1) all aerial vehicles provided by dispatching service of the air traffic;

      2) all other aerial vehicles, presented the flight plan or location of which is known to the air traffic support body;

      3) any aerial vehicles in respect of which it is known or suggested that they are the object of illegal interference.

      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 23. Flight rules

      Flights of aircraft over the territory of the Republic of Kazakhstan are carried out in accordance with the rules for performing flights in civil and state aviation.

      On board an aircraft, when performing flights, there must be the aircraft documents stipulated by the rules for performance of flights in civil and state aviation.

      Footnote. Article 23 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 24. Flight plan of aerial vehicle

      1. Information in respect of planned flight or part of flight subject to sending to the air traffic support bodies and (or) the air traffic control bodies shall be presented in the form of flight plan in existence of permits for use of air space, provided by this Law, with the exception of the flight of aerial vehicle, performed in cases:

      1) holding off the air attack, prevention and termination of the violations of State Boundary of the Republic of Kazakhstan in air space or armed invasion in the territory of the Republic of Kazakhstan;

      2) rendering of assistance upon emergency situations of social, natural and technogenic nature, search and evacuation of space vehicles and their crew teams;

      3) prevention and (or) termination, and (or) restraint of the violations of order of using the air space.

      2. Procedure for presenting a flight plan, introduction of amendments and closing a flight plan, its content shall be determined by the Rules of using the air space of the Republic of Kazakhstan.

      3. Upon the flights in uncontrolled air space, the use of air space shall be obliged to notify the air traffic support bodies and (or) the air traffic control bodies on forthcoming flight and present the flight plan in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.

      Footnote. Article 24 as amended by the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 25. Priorities in the use of airspace

      The airspace of the Republic of Kazakhstan is accessible to all airspace users with equal rights for its use.

      If there is a need to use airspace simultaneously by two or more users, the priority right for its use shall be given to the users in accordance with the state priorities in the following sequence:

      1) anticipation of an air attack or prevention and termination of violation of the State border of the Republic of Kazakhstan in airspace, the procedure for the use of airspace, elimination of the use of force or a threat of the use of force against the sovereignty, territorial integrity and security of the Republic of Kazakhstan;

      2) assistance in natural and other disasters, cataclysms, accidents, emergency and other situations that threaten the life or health of people or create the danger of causing significant material damage;

      3) launching, landing, search and evacuation of space vehicles and their crews;

      4) flights performed in accordance with the Rules for organization and provision of especially important flights of the Republic of Kazakhstan;

      5) the conduct of the scheduled exercises of the authorized body in the field of state aviation, as well as the flights of aircraft or other activities carried out in accordance with the resolutions of the Government of the Republic of Kazakhstan;

      6) regular flights for transportation of passengers, cargo and postal items;

      7) flights of state aviation of the Republic of Kazakhstan, as well as of other states;

      8) the conduct of experimental and research works;

      9) irregular air transportation and performance of aviation works;

      10) the conduct of educational, demonstration, cultural and educational activities, as well as flights for the personal purposes of the operator.

      Footnote. Article 25 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 26. Prohibition or restriction of the use of airspace

      The use of the airspace of the Republic of Kazakhstan or its individual areas is prohibited or restricted for flights of aircraft in cases of carrying out the activities provided for by subparagraph 2) of paragraph 1 of Article 18 and subparagraphs 1) - 5) of Article 25 of this Law, by the authorized body in the field of state aviation, in the order, established by the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 26 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 27. Violation of the procedure for using the air space

      1. The violations of the procedure for using the air space of the Republic of Kazakhstan shall include:

      1) the activities specified in Article 18 of this Law carried out without the submission of a flight plan (for flights in uncontrolled airspace without notice) and (or) without permission to fly, and (or) without permission to carry out activities posing a threat to flight safety;

      2) flight of the group of aerial vehicles, the quantity of which exceeds the quantity, stated in permit;

      3) non-compliance of aerial vehicles with the regimes of using the air space;

      4) overflight of forbidden zone and (or) restricted area of aerial vehicle without the special permit of the air traffic control bodies of the authorized body in the scope of state aviation;

      5) landing of aerial vehicles on aerodrome, not stated in the flight plan, except for the cases of unscheduled landing and setting a course to alternate aerodrome;

      6) deviation from the air routes and from the axes of the routes to distances greater than the norms established by the Rules for the use of the airspace of the Republic of Kazakhstan, except for cases of an obvious threat to flight safety and prevention of an aviation accident;

      7) non-carrying out of the instructions of the air traffic support bodies or the air traffic control bodies by users of air space, with the exception of cases of visible threat to the flight operating safety and aviation accident prevention.

      2. Authorized bodies in the scopes of civil and state aviation, air traffic support bodies, air traffic control bodies shall be obliged to take necessary measures to prevent and (or) terminate, and (or) to suppress the violations of the procedure for using the air space in accordance with their competence, and air space users, admitted the violation of procedure for using the air space shall be obliged to terminate mentioned violation at their expense and (or) using their own efforts.

      Air traffic support bodies shall have the right to restrain foreign aerial vehicle to landing on the aerodrome of the Republic of Kazakhstan at the request of competence state bodies for inspection in existence of information on the unstated production being on board, subject to export control in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 28.Deviation of aerial vehicle from the flight plan. Aerial non-compliant vessel

      1. Upon deviation of aerial vehicle from the established flight plan, the air traffic support body (air traffic control body) shall be obliged to take the following measures immediately:

      1) use all available means for establishment of connection with crew team of aerial vehicle and for determination of location of the aerial vehicles deviated from established flight plan;

      2) inform the allied air traffic support bodies and air traffic control bodies in the area of responsibility of which, the aerial vehicle possibly entered or may enter as a result of deviation.

      2. When the location of aerial vehicle is established, the air traffic support body (air traffic control body) shall inform the crew team of aerial vehicle on its location and corrective actions, which shall be performed.

      3. Aerial vehicle, violated the State Boundary of the Republic of Kazakhstan in air space or admitted another violation of the procedure for using air space of the Republic of Kazakhstan shall be recognized by an aerial non-compliant vessel and shall be subject to compulsory landing, if it does not obey the requirements of the air traffic support bodies and (or) the air traffic control bodies.

      Aerial non-compliant vessel, received the warrant on landing shall land in the stated place immediately.

      4. In the cases of creating a threat to the security of the Republic of Kazakhstan, life and security of people on its territory and its strategic sites, all measures are taken to prevent the threat, up to the destruction of the intruder aircraft, in accordance with the Rules for the use of arms and military equipment against intruder aircraft, infringing the airspace of the Republic of Kazakhstan, approved by the Government of the Republic of Kazakhstan in agreement with the Administration of the President of the Republic of Kazakhstan.

      5. In case, when there is true information that passengers and other persons, not accessory to violation of the procedure for using air space are on board, the state shall abstain from weapon employment against civil aerial vehicles in flight.

      Aerial non-compliant vessel shall be subject to detention on the landing aerodrome upon non-compliance with conditions of taking-off in air space of the Republic of Kazakhstan and (or) in cases of violation of the procedure for using air space.

      The further flight of aerial non-compliant vessel after investigation of the violation shall be permitted in the manner, determined by the Rules of using air space of the Republic of Kazakhstan.

      The violation of established requirements for using air space of the Republic of Kazakhstan shall be subject to investigation in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 86-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 29. Communication organization for use of air space

      1. Users of aerial vehicle shall be obliged to be in communication with the air traffic support bodies and (or) air traffic control bodies in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      2. Communication organization shall provide necessary communication channels on lease to the air space users. In case of breakdown of provided communication channels, they shall be replaced by another communication channels.

Article 30. Radio communication upon air traffic maintenance or air traffic control

      1. Radiotelephony and (or) coordination link shall be used for communication upon air traffic maintenance or air traffic control.

      2. Means of communication shall enable to lead the direct, operational, continuous and noise free bi-directional communication between air traffic support bodies (air traffic control bodies) and air space users.

      3. Individuals and legal entities that have the installations and devices, creating noises to the means of radio-technical support of the flights of aerial vehicles and radio communication with them shall be obliged to eliminate noises using own efforts upon request of the authorized body in the field of communication and its subdivisions, and before their elimination shall be obliged to terminate operation of such installations and devices.

      4. The procedure for providing communications, the requirements of air traffic services units for providing communications, description of communication devices in civil aviation are determined by the rules of radio technical support for flights and aviation telecommunications in civil aviation.

      5. Procedures for conducting the radio communication shall be determined by the Rules of verbality of radio communication upon performance of flights and air traffic maintenance, approved by the authorized body in the scope of civil aviation.

      6. Radiotelephony communication in the territory of the Republic of Kazakhstan shall be carried out in Kazakh, Russian and English languages.

      Footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 31. Flights over a populated area

      1. Aircraft flights are carried out over densely populated areas of cities or towns at the altitude that ensures, in the event of emergency or emergency circumstances, the landing that does not endanger people or property on the ground, unless it is necessary for take-off or landing or a permission of the air traffic control authority is issued for this.

      2. The schemes (routes) of aircraft flights over the populated areas are coordinated with the national security bodies and the authorized body in the field of state aviation and approved by the authorized body in the field of civil aviation.

      3. During the conduct of security measures, the flights of aircraft and unmanned aerial vehicles over the populated areas are coordinated with the national security bodies and the State Security Service of the Republic of Kazakhstan.

      4. The procedure for coordination and implementation of flights over a populated area shall be determined by the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 31 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 32. Demonstration flights

      1. Demonstration flights, which are not a stage of certification of aircraft operators, are used to display aviation equipment, to promote aviation achievements, and to provide socio-political and spectacular cultural events.

      2. Demonstration flights of aerial vehicles shall be performed in established zones (regions) with observance of safety measures, excluding the crash of aerial vehicle on residential areas and crowds of people.

      3. Responsibility for safety of demonstration flights shall be imposed on their organizer.

      Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 33. Flights of pilotless vehicles

      1. Operation of an unmanned aerial vehicle should minimize the threat of harm to life or health of people, damage (harm) to property, danger to other aircraft, subject to the conditions established by the Rules for the use of the airspace of the Republic of Kazakhstan and operational documentation of an unmanned aerial vehicle.

      2. Operators of unmanned aerial vehicles shall report to the air traffic services and (or) air traffic control authorities the detailed information on the planned flights of unmanned aerial vehicles in accordance with the Rules for the use of the airspace of the Republic of Kazakhstan.

      3. Flights of unmanned aerial vehicles over the protected objects are coordinated with the State Security Service of the Republic of Kazakhstan.

      Footnote. Article 33 as amended by the Laws of the Republic of Kazakhstan dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 34. Radio-technical support

      1. Radio technical support of flights, which involves provision of communication, navigation and surveillance systems, is carried out by the organizations of operation of radio technical equipment and communications of civil and (or) state aviation.

      2. Procedure for organization and carrying out of the activity on radio-technical support of flights upon the air traffic maintenance or air traffic control for the purpose of flight operating safety and flight regularity, taking-off and landing of aerial vehicles shall be determined:

      1) for civil and experimental aviation in accordance with the rules of radio technical support of flights and aviation telecommunications in civil aviation;

      2) for the state aviation in accordance with the Rules of communication organization and radio-technical support of the state aviation of the Republic of Kazakhstan and Rules of the maintenance operations of the means of communication, radio-technical support of flights and automated control system of the state aviation, approved by the authorized body in the scope of civil aviation.

      Footnote. Article 34 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35. Meteorological support of flights

      1. Meteorological support of flights of aerial vehicles shall consist in well-timed provision of qualitative meteorological information to the air operators, air traffic support bodies, air traffic control bodies and to other air space users of the Republic of Kazakhstan, carrying out the activity, mentioned in subparagraph 1) of paragraph 1 of Article 18 of this Law, independently from their state affiliation, departmental affiliation and forms of ownership, on the basis of agreements.

      Functions of the authorized meteorological authority are performed by the authorized body in the field of civil aviation.

      2. Meteorological support of civil and experimental aviation flights is performed by providers of air navigation service in accordance with the rules of meteorological support for civil aviation approved by the authorized body in the field of civil aviation.

      Meteorological support of the flights of state aviation is carried out in accordance with the rules of meteorological support of the state aviation of the Republic of Kazakhstan.

      Footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35-1. Certification of air navigation service provider

      1. Air navigation service providers should comply with the certification requirements for air navigation service providers.

      The compliance of air navigation service providers is confirmed by the issuance of an air navigation service provider certificate indicating the scope of its use and the permitted types (sub-types) of activity.

      Certification of the air navigation service providers is carried out by the authorized body in the field of civil aviation.

      As agreed with the authorized body in the field of civil aviation, temporary deviations from certification requirements are allowed, if such deviations are compensated by introducing additional measures ensuring a level of flight safety equivalent to the established one.

      2. The procedure for conduct of certification, issuance or suspension (revocation) of the certificate of the air navigation service provider, making changes and / or amendments thereto shall be determined by the rules for certification of air navigation service providers.

      3. Refusal to issue an air navigation service provider certificate is made in cases where the applicant does not meet the certification requirements.

      4. The authorized body in the field of civil aviation in case of detection of violations of certification requirements takes measures in the following order for the continuity of air navigation services:

      1) requires the holder of the air navigation service provider certificate to submit a corrective action plan in accordance with Article 16-3 of this Law and its implementation;

      2) initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses in the event of failure to perform or improperly performance of the corrective action plan;

      3) depending on the violation, withdraws the certificate of the air navigation service provider or suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) if violations of certification requirements are not eliminated in the next six months from the date of bringing to administrative responsibility.

      Validity of the certificate of the air navigation service provider may be wholly or partially limited, also at the request of its holder, in accordance with the rules for certification of air navigation service providers.

      Footnote. Chapter 3 is supplemented by Article 35-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 35-2. Ensuring flight safety in the event of a change in functional air traffic management systems

      1. Air navigation service providers shall, prior to introduction of changes in the functional air traffic management systems related to flight safety, notify in advance of such changes the authorized body in the field of civil aviation in the manner prescribed by the rules of certification of air navigation service providers.

      2. The list of changes in the functional systems of air traffic management, subject to prior agreement with the authorized body in the field of civil aviation, as well as the procedure and conditions for such harmonization are determined by the rules of certification of air navigation service providers.

      3. For violation of the provisions of this article, air navigation service providers bear administrative responsibility in accordance with the Code of the Republic of Kazakhstan on Administrative Offenses.

      Footnote. Chapter 3 is supplemented by 35-2 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 36. Release of airways to service

      Airways shall be released to service in accordance with the rules for admission of airways to operation, approved by the authorized body in the field of civil aviation.

      Data on airways shall be published in air navigation information documents.

      Footnote. Article 36 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 37. Measure units for the purpose of performing the flights and air traffic maintenance

      1. The unified system of coordinate, height, gravimetrical and satellite measurements that conforms to the requirements of International Civil Aviation Organization (ICAO) standards shall be established for the purpose of performing the flights and air space maintenance in the territory and in the air space of the Republic of Kazakhstan.

      2. The measurement systems used shall be specified in the Rules for the use of the airspace of the Republic of Kazakhstan.

      Footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 38. Protection against harmful effect of the flights of aerial vehicles

      1. Civil aerial vehicle, intended for operation in the Republic of Kazakhstan shall be certified by the authorized body for conforming to requirements of International Civil Aviation Organization (ICAO) in respect of noise in the place with issuing the noise certification being the annex to air worthiness certification of the civil aerial vehicle.

      Conduct of certification procedure and issuance of noise certification shall be carried out in accordance with the Rules of certification procedure and issuance of the air worthiness certification of the civil aerial vehicle of the Republic of Kazakhstan.

      Owners of aerodromes (helicopter aerodromes), air operators, commanders and members of the crew team of aerial vehicles shall be obliged to prevent unnecessary noises or minimize them upon operation of aerial vehicles on the ground or in the air space.

      2. Dropping of substances or other wastes and materials, hazardous to health of people and environment from aerial vehicles shall be prohibited, with the carrying out of performance of aviation works in agricultural economy, performed in compliance with the safety measures of population and environment, operational and combat flights of the state aviation or in case of visible threat to the flight operating safety and prevention of the aviation accident.

      Evacuation zone of aerial vehicle, zone of fuel draining or its depletion in flight, where the minimal flight height equal for all aerial vehicles or separately by the types of aerial vehicles is provided, may be established in particular regions for the purpose of prevention the harm effect of aerial vehicles on people, animals and environment.

      3. Flights of aerial vehicles in air space of the Republic of Kazakhstan with hypersonic velocity shall be performed at heights, excluding harmful effect of acoustic impact to environment, according to general rules or in the areas, far from inhabited localities, which are allocated specifically for hypersonic flights.

      Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 4. INTERNATIONAL FLIGHTS Article 39. International flights of aerial vehicles of the Republic of Kazakhstan

      1. International flights of aerial vehicles of the Republic of Kazakhstan shall be carried out on the basis and in accordance with conditions of:

      1) international treaties, the participant of which is the Republic of Kazakhstan;

      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;

      3) special permits for performance of single flights, issued by the competent body of the relevant foreign states.

      2. Request for receipt of the special permit for the flight of aerial vehicle of the Republic of Kazakhstan in air space of the foreign state shall be transmitted to foreign states by the authorized body, carrying out foreign policy activity in cases of:

      international flights of the state and (or) experimental aviation of the Republic of Kazakhstan;

      international flight of civil aerial vehicle of the Republic of Kazakhstan, transporting civil servants, determined by the resolution of the Government of the Republic of Kazakhstan.

      Request shall be performed on the basis of applications of interested state bodies of the Republic of Kazakhstan upon compliance with all requirements, concerning the vessel documents, certificates for the members of crew team, copies of insurance policies, as well as other requirements and rules, valid in the territory of the Republic of Kazakhstan and foreign states, in the territory (through the territory) of which the flight operation is planned.

      3. The air operator of civil aerial vehicle shall carry out the request on an individual basis for receiving the special permit, issued by the competent bodies of the relevant states for flight of civil aerial vehicle of the Republic of Kazakhstan in the air space of foreign state. In existence of requirement of the competent body of foreign state to issue special permit upon the request of the authorized body, carrying out foreign policy activity, the authorized body in the scope of civil aviation shall carry out such requests in accordance with paragraph 2 of this Article on the basis of application of the air operator of civil aerial vehicle.

      4. Upon performance of occasional international flight beyond the air space of the Republic of Kazakhstan, the air operator of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to notify the authorized body in the scope of civil aviation on date and purpose of performed flight in the manner, established by the authorized body in the scope of civil aviation.

      5. International flight of the air operator of civil aerial vehicle for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products shall not be allowed without coordination with the authorized body in the scope of civil aviation. The authorized body in the scope of civil aviation in turn shall carry out the coordination of this flight with the body, carrying out foreign policy activity within its competence.

      6. Upon performance of the international flight in air space of foreign state, in case of requirement of the authorized body of foreign state on compulsory landing on the stated aerodrome, the crew team of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to carry out this requirement.

Article 40. Flights of aerial vehicles of foreign states in the air space of the Republic of Kazakhstan

      1. Flights of aerial vehicles of foreign states in air space of the Republic of Kazakhstan shall be carried out on the basis of:

      1) international treaties, the participant of which is the Republic of Kazakhstan;

      2) legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity;

      3) permits for performing the international regular flights through the territory of the Republic of Kazakhstan without landing or with landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes;

      4) permissions to perform international non-scheduled (one-time) flights, except for the flights without landing, subject to prior notification to air traffic services units;

      5) special (diplomatic) permits for performance of single flights.

      2. Permits for performance of international regular flights through the territory of the Republic of Kazakhstan without landing on the aerodromes of the Republic of Kazakhstan with non-commercial purposes shall be issued by the authorized body in the scope of civil aviation.

      3. Special (diplomatic) permits shall be issued in accordance with the Rules of using the air space of the Republic of Kazakhstan by the authorized body, carrying out the foreign policy activity, for performance of single flights:

      1) of the state and experimental aerial vehicles;

      2) of civil aerial vehicles, transporting the civil servants of foreign states according to the list, established by the Rules of using the air space of the Republic of Kazakhstan;

      3) of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states, as well as double-purpose products.

      4. Permissions to perform international non-scheduled (one-time) flights of civil aircraft shall be issued by the authorized body in the field of civil aviation, taking into account the provisions of paragraph 3 of this article.

      The procedure for issuance of permissions to perform international non-scheduled (one-time) flights of civil aircraft and provision of preliminary notifications on the flights performed without landing shall be established by the Rules of issue and grounds for refusal to issue permissions to perform international non-scheduled flights.

      4-1. Performance of international occasional (single) flights, linked with commercial airborne transportation, formed in the territory of the Republic of Kazakhstan by civil aerial vehicles of foreign air operators shall not be allowed, unless otherwise provided by the international treaties of the Republic of Kazakhstan or permits, issued by the authorized body in the scope of civil aviation.

      5. The grounds for refusal in issuance of permits, as well as special (diplomatic) permits for performance of international occasional (single) flights of aerial vehicles shall be in the following cases:

      1) prohibition of using the air space of the Republic of Kazakhstan or its particular areas, through which the route of the flight of aerial vehicle goes by the authorized body in the scope of state aviation in accordance with Article 26 of this Law;

      2) taking flight of aerial vehicle would violate the provisions of international treaties, the participant of which is the Republic of Kazakhstan;

      3) intended flight would violate the Rules of using the air space of the Republic of Kazakhstan and (or) another legislation of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity.

      Footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 41. Performance of international flights in air space of the Republic of Kazakhstan

      1. General provisions, regulating the performance of flights and operation of aerial vehicles shall be in force upon performance of international flights of the national aerial vehicles and aerial vehicles of foreign states in the air space of the Republic of Kazakhstan in accordance with this Law.

      2. International flights in the air space of the Republic of Kazakhstan shall be carried out on the international air paths.

      Procedure for opening of the air paths for international flights of aerial vehicles shall be determined by the Rules of using the air space of the Republic of Kazakhstan.

      Intersection of the State Boundary of the Republic of Kazakhstan in air space shall be performed by aerial vehicles in the points of intersection of its international paths or through air corridors, appropriated specially for these purposes in the manner, established by the Rules of using the air space of the Republic of Kazakhstan.

      3. Performance of international flights on inland air paths, local air lines, flight routes and beyond the air paths shall be admitted in concurrence with the authorized bodies in the scope of civil and state aviation.

      4. Exclusion from the order, established by the Rules of using the air space of the Republic of Kazakhstan shall be admitted in cases:

      1) natural disaster, catastrophe, accidents, accident situations on aerial vehicle and in other cases, threatening to life or health of people;

      2) provided by the international treaties, ratified by the Republic of Kazakhstan;

      3) of receiving the permit, issued in the manner, determined by the Rules of using the air space of the Republic of Kazakhstan.

      5. For the purpose of international flights, the geodeticsystem of reference, conformed to the standards of International Civil Aviation Organization (ICAO) shall be used as the geodetic reference system in a horizontal plane.

      6. Flight of aerial vehicles from the territory of the Republic of Kazakhstan, as well as their landing after taking off in the territory of the Republic of Kazakhstan shall be performed on aerodromes, opened for international flights.

      7. Force of passport, customs, currency, sanitary and epidemiological rules and regulations, established by the legislation of the Republic of Kazakhstan shall be applied to all aerial vehicles, their crew teams and passengers, arriving in the territory of the Republic of Kazakhstan and departing from its territory or flying through, as well as to all their property, brought from this territory.

      8. Certificates of aviation personnel, vessel documents being on the board of civil aerial vehicles of foreign states shall be recognized valid in the territory of the Republic of Kazakhstan, if they conform to International Civil Aviation Organization (ICAO) standards. In case of lease, freightage (charter) or interchange of aerial vehicles, the certificates of aviation personnel, vessel documents, being on the board of civil aerial vehicles of foreign states, issued under agreements between foreign states shall be recognized as valid in the territory of the Republic of Kazakhstan.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      10. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      Footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 5. AERIAL VEHICLES Article 42. Classification of aerial vehicles

      1. Depending on belonging to aviation, aerial vehicles shall be divided into:

      state aerial vehicles;

      civil aerial vehicles;

      experimental aerial vehicles.

      2. State aerial vehicle shall be aerial vehicle, used in the state aviation and registered in register of aerial vehicles of the state aviation.

      3. Civil aerial vehicle shall be aerial vehicle, used in civil aviation and registered in state register of civil aerial vehicles of the Republic of Kazakhstan or foreign state.

      Classification of civil aircraft, depending on the aircraft performance characteristics and aircraft data shall be determined by the Rules for performance of flights in civil aviation of the Republic of Kazakhstan.

      4. Experimental aerial vehicle shall be aerial vehicle, intended for conducting design and development, experiments research and development works and trials.

      Footnote. Article 42 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 43. Type certificate of civil aerial vehicle

      1. Civil aerial vehicle of new construction (new type), intended for batch production shall be subject to certification procedure by the authorized body in the scope of civil aviation for compliance with its air worthiness standards effectual in the Republic of Kazakhstan and shall have the type certification after its passing of factory, state and operating tests, issued by the authorized body in the scope of civil aviation.

      2. Type certification of civil aerial vehicle shall be carried out in accordance with the Rules of certification procedure and issuance of type certification.

      3. Developer of civil aerial vehicle shall be the owner of type certification.

      4. In case of change of approved type construction (type design) of civil aerial vehicle or its operations documentation, having an impact on air worthiness, this type of aerial vehicle shall be subject to additional certification procedure by the authorized body in the scope of civil aviation for receiving addition to the type certification.

      5. Force of the type certification, issued by the authorized body in the scope of civil aviation shall be suspended, and operation of aerial vehicle shall be temporary terminated in the manner, established by the Rules of certification procedure and issuance of the type certification, in case of detecting the defects, threating the flight operating safety.

      6. The type certification issued by foreign state, international organization in the scope of civil aviation, carrying out the certification procedure of aerial vehicles shall be recognized by the authorized body in the scope of civil aviation in the manner, established by the Rules of certification procedure and issuance of the type certification.

      Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 44. Certification procedure of the civil aerial vehicle sample

      1. Each civil aerial vehicle sample that does not have the type design shall be certified and have the certificate of compliance of its construction, characteristics and operations documentation with the air worthiness standards, issued by the authorized body in the scope of civil aviation.

      Aerial vehicle, on which the certificate for compliance of construction, characteristics and operations documentation with air worthiness standards is issued, shall not be allowed to carrying out of commercial airborne transportations.

      2. Certification of a civil aircraft shall be carried out by the authorized body in the field of civil aviation with the involvement of non-profit organizations that unite the operators of aircraft in accordance with the rules of certification in the field of light and ultra-light aviation.

      Footnote. Article 44 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 45. State registration of aircraft, rights to them

      Footnote. The title of Article 45 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      1. State aerial vehicles shall be subject to the state registration in Register of aerial vehicles of the state aviation of the Republic of Kazakhstan in accordance with the Rules of registration of aerial vehicles of the state aviation of the Republic of Kazakhstan.

      Possessor of the state aerial vehicle shall be issued by notification on the state registration of aerial vehicle in the Register of aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.

      2. Civil aircraft are subject to state registration in the State register of civil aircraft of the Republic of Kazakhstan in accordance with the Rules for the state registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, approved by the authorized body in the field of civil aviation.

      A civil aircraft is registered in the State register of civil aircraft of the Republic of Kazakhstan at the request of the owner or with the consent of the owner, its operator, provided that:

      1) the aircraft is not registered in another state;

      2) the owner or operator of the aircraft is an individual or legal entity of the Republic of Kazakhstan;

      3) an aircraft type certificate or other similar document has been issued or recognized valid by the authorized body in the field of civil aviation.

      The operator (owner) of the registered civil aircraft receives a certificate of state registration of a civil aircraft from the authorized body in the field of civil aviation.

      The aircraft included in the State register of civil aircraft of the Republic of Kazakhstan must comply with the norms of airworthiness of civil aircraft of the Republic of Kazakhstan and the requirements of operational and technical documentation determining its airworthiness.

      2-1. The authorized body in the field of civil aviation refuses to register a civil aircraft if the aircraft does not meet the requirements of airworthiness.

      2-2. From the moment of registration in the State register of civil aircraft of the Republic of Kazakhstan, a civil aircraft acquires the national affiliation to the Republic of Kazakhstan.

      The certificate of state registration is on board the aircraft.

      The rights to civil aircraft owned by individual or legal entities of the Republic of Kazakhstan, as well as irrevocable authorities are subject to registration by the authorized body in the field of civil aviation in the State register of civil aircraft of the Republic of Kazakhstan.

      3. Rights to civil aerial vehicles, being in the ownership of individuals or legal entities of the Republic of Kazakhstan, and transactions, consummated with mentioned aerial vehicles, as well as irrevocable powers shall be subject to registration by the authorized body in the scope of civil aviation in the State register of civil aerial vehicles of the Republic of Kazakhstan.

      Fee shall be collected for the state registration of civil aerial vehicles, pledge agreements of aerial vehicles and irrevocable powers in the manner and amount, determined by the Code of the Republic of Kazakhstan “On taxes and other compulsory payments to the budget” (Tax Code). The state registration of civil aerial vehicles shall be carried out after payment of mentioned fee to the state budget.

      4. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      5. Experimental aerial vehicles shall be registered in the authorized body in the scope of civil aviation.

      6. Unmanned aerial vehicles from the moment of acquisition of the right of ownership for the purpose of exploitation are subject to registration in the authorized bodies in the field of civil and state aviation in the manner established by the Rules for the State registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, and the Rules for registration of aircraft of state aviation of the Republic of Kazakhstan.

      Categories of unmanned aerial vehicles subject to registration are determined by the Rules for the state registration of civil aircraft of the Republic of Kazakhstan, the rights to them, as well as the forms of documents certifying the rights to them, and the Rules for registration of aircraft of the state aviation of the Republic of Kazakhstan.

      Persons acquiring unmanned aerial vehicles for the purpose of exploitation shall apply for registration to the authorized body in the field of civil aviation.

      Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 46. Exclusion of aerial vehicle from the register

      1. Aerial vehicle shall be excluded from the relevant register of aerial vehicles of the Republic of Kazakhstan in cases:

      1) of retirement or taking out aerial vehicle of service;

      2) of sale or delivering aerial vehicle to foreign state, foreign individual or legal entity;

      3) of registration of civil aerial vehicle in the Register of aerial vehicles of state aviation of the Republic of Kazakhstan or register of foreign states;

      4) of registration of civil aerial vehicle in the State register of civil aerial vehicles of the Republic of Kazakhstan;

      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      5-1) the aircraft was declared missing;

      6) of fulfilling irrevocable power.

      The agreement of a pledgeholder shall be required compulsorily for exclusion of aerial vehicle, being in pledge from the State register of civil aerial vehicles of the Republic of Kazakhstan.

      2. Upon exclusion of aerial vehicle from the relevant register, the certificate on registration of vessel and all records, made in respect of this vessel in register shall lose force.

      3. The authorized body in the scope of civil aviation shall issue the certificate on exclusion of aerial vehicle from the State register of civil aerial vehicles of the Republic of Kazakhstan to the possessor of aerial vehicle.

      Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 47. Admission to operation and maintenance of air worthiness of aerial vehicles

      1. State aerial vehicle shall be admitted to operation in the manner, established by the authorized body in the scope of civil aviation.

      2. Civil aviation vehicle shall be airworthy and admitted to operation upon existence of valid air worthiness certification.

      Civil aerial vehicle shall be recognized airworthy, if it is constructed, produced, equipped and passed maintenance operation and repair, as well as has flying qualities in accordance with requirements of the Republic of Kazakhstan in the field of using the air space of the Republic of Kazakhstan and aviation activity and environmental legislation of the Republic of Kazakhstan.

      When flying over the territory of the Republic of Kazakhstan, a foreign aircraft must have a certificate of airworthiness and a noise certificate issued by a foreign state on the basis of the standards of the International Civil Aviation Organization (ICAO).

      The certificate of airworthiness is issued to aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan:

      1) on the basis of the compliance of the civil aircraft with the airworthiness norms and operating documentation approved for this standard design or other similar documents in accordance with the confirmed assessment report of validity for operation;

      2) in accordance with the rules of certification and issuance of the certificate of airworthiness of the civil aircraft of the Republic of Kazakhstan;

      3) in accordance with the rules of certification in the field of light and ultra-light aviation.

      Air worthiness certification procedure shall be carried out by the authorized body in the scope of civil aviation.

      Certification of airworthiness of light and ultra-light aircraft performing aviation works and flights for general aviation purposes shall be carried out by the authorized body in the field of civil aviation with the involvement of non-profit organizations that unite the operators of aircraft.

      Air worthiness certification of aerial vehicle that doesn’t have approved type design shall be carried out by the authorized body in the scope of civil aviation with involving the non-commercial organizations, uniting the air operators of aerial vehicles.

      The procedure for attracting non-profit organizations that unite the operators of aircraft and the qualification requirements of specialists of such organizations shall be determined by the rules of certification in the field of light and ultra-light aviation.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 NO. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      4. Recognition of certificates of airworthiness of civil aircraft issued by a foreign state when civil aircrafts are included in the State register of civil aircraft of the Republic of Kazakhstan is carried out in accordance with the rules of certification and issuance of a certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan.

      5. Maintenance of airworthiness of a civil aircraft and its components is provided in accordance with the requirements of the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan.

      The release to service of light and ultra-light aviation aircraft not participating in commercial air transportation is carried out in accordance with the rules of certification in the field of light and ultra-light aviation.

      6. Responsibility for maintenance of air worthiness of civil aerial vehicles shall be imposed on the air operator of civil aerial vehicle.

      The air operator of aerial vehicle shall be prohibited to perform the flights in cases, if:

      1) aerial vehicle is not maintained in airworthy condition;

      2) safety equipment is defected;

      3) validity of airworthiness certificate determined by the authorized agency for civil aviation expired;

      4) maintenance operation and repair of aerial vehicle is not performed in accordance with the program (reglament) on its maintenance operation.

      7. An owner or operator of an aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan, in accordance with the rules of certification and issuance of the certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan, provides the authorized body in the field of civil aviation with information on the state of airworthiness, technical maintenance and repair of an aircraft, as well as data on its operation.

      8. All aerial vehicles, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall be subject to verification in respect of maintenance of air worthiness. Upon detection of non-conformance of the aerial vehicle to the air worthiness standards, the force of air worthiness certification shall be suspended, and operation of aerial vehicle shall be prohibited by the authorized body in the scope of civil aviation before elimination of non-conformance of aerial vehicle to the air worthiness standards.

      In case of non-elimination of non-conformance of aerial vehicle to the air worthiness standards within six months from the date of suspension, the air worthiness certification shall be revoked.

      Verification of the air worthiness maintenance of aerial vehicle shall include:

      1) verification of reports and operating documents of the air operator on maintenance operation and repair of aerial vehicle and other reports and documents on technical condition of aerial vehicle;

      2) inspection of aerial vehicle;

      3) conduct flight tests of aerial vehicle under control of the authorized body in the scope of civil aviation if appropriate.

      For conducting flight tests or flights to the place of conducting the maintenance operation and repair of aerial vehicle that does not have valid air worthiness certification, the authorized body in the scope of civil aviation shall issue permit for performance of the special flight for such aerial vehicle.

      Before issuance of permit for performance of the special flight, the authorized agency for civil aviation shall be obliged to assess the aerial vehicle condition for safety performance of flight and establish required restrictions to its operation. When performing the special flight, the carriage of passengers on board of aerial vehicle shall be prohibited.

      8-1. A permission for a special flight is issued to an aircraft that does not have a valid airworthiness certificate, but which, on the basis of an assessment of the operator and the authorized body in the field of civil aviation, is able to perform a safe flight under the conditions set forth below and for the following purposes:

      1) flight tests after production of new aircraft;

      2) flight tests after technical maintenance and (or) repair in accordance with operational (repair) documentation;

      3) delivery or export of an aircraft;

      4) flight of an aircraft for evaluation by the customer or the authorized body in the field of civil aviation;

      5) exhibitions and airshow;

      6) flight of an aircraft to the place of performance of technical maintenance, repair or storage;

      7) flight of an aircraft with a maximum certificated take-off mass for flights outside the safe flight distance above the water or above the ground in the areas that do not have suitable landing conditions or appropriate amount of fuel;

      8) achievement of records, participation in aviation competitions and similar competitions;

      9) the operation of aircraft or aircraft types on the territory of the Republic of Kazakhstan, for which a certificate of airworthiness or other similar document is not required in accordance with the legislation of the Republic of Kazakhstan.

      Permissions for a special flight are issued for a period not exceeding thirty calendar days in accordance with the rules of certification and issuance of a certificate of airworthiness of a civil aircraft of the Republic of Kazakhstan.

      The authorized body in the field of civil aviation, when issuing permission for a special flight of an aircraft, has the right to establish the necessary restrictions on its operation. When carrying out a special flight, the transportation of passengers on board the aircraft is prohibited.

      9. In the event that radio transmitting equipment is installed on civil aircraft, the authorized body in the field of civil aviation issues a permission to use such equipment in accordance with the rules of certification and issuance of the certificate of airworthiness of the civil aircraft of the Republic of Kazakhstan.

      10. Civil aerial vehicles, performing international flights shall be equipped with equipment, satisfying the requirements of International Civil Aviation Organization (ICAO) standards.

      11. Flight books shall be maintained on each aerial vehicle, in which data on detected defects of aerial vehicle shall be recorded in the process of operation.

      The form and content of the logbook are established by the rules for performance of flights in civil and state aviation.

      12. For the export of civil aircraft excluded from the State register of civil aircraft of the Republic of Kazakhstan, the authorized body in the field of civil aviation issues an export certificate of airworthiness in accordance with the rules of certification and issuance of the certificate of airworthiness of civil aircraft of the Republic of Kazakhstan.

      Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication). ; dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 48. Maintenance operation and repair of civil aerial vehicles

      1. Technical maintenance and repair of civil aircraft are carried out in accordance with the rules of technical operation and repair of civil aircraft of the Republic of Kazakhstan by the certified organizations for technical maintenance and repair of aviation equipment. Technical maintenance and repair of civil aircraft of light and ultra-light aircraft that do not perform commercial air transportations are carried out by aviation personnel having a valid certificate issued in accordance with Article 54 of this Law or a certificate issued by a foreign state and recognized in accordance with Article 55 of this Law.

      2. Technical maintenance of civil aircraft is carried out according to the technical maintenance programs (regulations) approved by the state of registration of a civil aircraft.

      The program (regulations) for technical maintenance of an aircraft registered in the State register of civil aircraft of the Republic of Kazakhstan is approved by the authorized body in the field of civil aviation.

      The program (regulations) for technical maintenance of light and ultra-light aircraft not participating in commercial air transportations is developed and approved by a non-profit organization uniting operators of aircraft, in agreement with the authorized body in the field of civil aviation.

      3. Use of aggregates, component parts and spare parts to them that do not have identifying documents (official lists, passport, marks, documents on admission to operation, authentic duplicates), issued by their producer or certified organization on maintenance operation and repair shall be prohibited upon conduct of maintenance operation and repair of civil aerial vehicles.

      4. Certification procedure of organizations on maintenance operation and repair of aviation equipment of civil aviation shall be carried out by the authorized body in the scope of civil aviation.

      The procedure for recognizing the certificates of foreign organizations for technical maintenance and repair of aviation equipment is determined by the rules of certification and issuance of a certificate of organization for technical maintenance and repair of aviation equipment of civil aviation.

      5. Certification organizations on maintenance operation and repair of aviation equipment of foreign states shall be admitted to works on maintenance operation and repair after recognition of their certifications by the authorized body in the scope of civil aviation. Procedure for recognizing certifications of foreign organizations on maintenance operation and repair of aviation equipment shall be established by the authorized body in the scope of civil aviation.

      6. A certified organization for technical maintenance and repair of aviation equipment that provides services to civil aircraft operators engaged in commercial air transportations in accordance with the standard flight safety management manual for aircraft technical maintenance is required to introduce a flight safety management system, depending on the volume and complexity of the works performed.

      Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 49. Designations, applied on aerial vehicles

      1. During registration, the aerial vehicles shall be assigned by the state and registration identifying markings, which shall be applied on these vehicles.

      2. In addition to state and registration identification marks, additional signs (symbols, inscriptions, emblems) may be placed on aircraft.

      Additional markings shall be applied on aerial vehicles by the method, not impeding visual identification of the state and registration identifying markings.

      3. Procedure for applying the state, registration identifying and additional markings on aerial vehicles and description of the mentioned Laws shall be determined in respect of civil and experimental aerial vehicles by the authorized body in the scope of civil aviation, and in respect of aerial vehicles of the state aviation – by the authorized body in the scope of civil aviation.

      Footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 50. Preparation to flight of aerial vehicle

      1. Preparation of aerial vehicle, aviation personnel, aerodromes, helicopter aerodromes shall precede to the flight of aerial vehicle.

      2. Rules of preparing to flights shall be established for civil and experimental aviation by the authorized body in the scope of civil aviation, for the state aviation – by the authorized body in the scope of civil aviation.

Article 51. Aerial vehicle lease

      1. Citizens or organization of the Republic of Kazakhstan being the possessors of aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan shall have the right to lease the vessel with crew team or without crew team to the air operator of the Republic of Kazakhstan or foreign air operator.

      An operator of the Republic of Kazakhstan has the right to rent an aircraft with or without crew that belongs to citizens or legal entities of the Republic of Kazakhstan or a foreign country on terms stipulated by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      1-1. Renting by an operator of the Republic of Kazakhstan of an aircraft without a crew registered in a foreign country or a foreign operator of an aircraft of the Republic of Kazakhstan without a crew is carried out only if there is an agreement concluded between the authorized body in the field of civil aviation and the competent authority of the foreign state where this aircraft is registered, in accordance with the Convention on International Civil Aviation. Such an agreement must be registered in the International Civil Aviation Organization (ICAO).

      1-2. Renting by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to citizens or legal entities of the Republic of Kazakhstan is performed for the term of the contract without entering the lessee into the operator's certificate (license for performance of aviation works).

      Renting by an operator of the Republic of Kazakhstan of an aircraft with a crew belonging to an operator of a foreign state is allowed by the permission of the authorized body in the field of civil aviation in the following proportion: for a lessee, possessing a fleet of up to five aircraft, - not more than one aircraft and for a lessee, possessing a fleet of more than five aircraft, - not more than twenty per cent of the total fleet of aircraft used for regular and irregular flights, and for a period not exceeding two months within one year without entering into the lessee into the operator's certificate.

      The passenger and cargo capacity of the leased aircraft should be comparable with the passenger and cargo capacity of the lessee’s aircraft.

      At that, passengers should be notified by the lessee about the carrier which actually performs the flight.

      The authorized body in the field of civil aviation recalls the permission previously granted to the operator of the Republic of Kazakhstan to lease an aircraft with the crew in cases of non-compliance with flight safety requirements, lack of effective operational control by the lessee or lessor, or supervision by the state that issued the operator's certificate and a certificate of airworthiness to the leased aircraft.

      2. Foreign lessee shall be prohibited to perform the flights on the leased aerial vehicle, registered in the State register of civil aerial vehicles of the Republic of Kazakhstan or its air operator is the civil aviation organization of the Republic of Kazakhstan, in the zone of military actions, armed conflicts and performance of flights, linked with transportation of weapons, ammunition, military formations.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      4. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).
      Footnote. Article 51 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 52. Freight of aerial vehicle

      1. Freight of aerial vehicle shall be carried out in accordance with the contract of affreightment (charter).

      The contract of affreightment (charter) shall include the names of parties, type of aerial vehicle, aim of leasing, maximum amount of transported passengers, weight of luggage, cargo and postal matters, amount of freight, point of departure, time and point of destination of transportation.

      Contract of affreightment may include the other conditions as well.

      2. Carrier shall have the right to postpone time of beginning of the transportation and taking off time of aerial vehicle without requiring additional payment from the freighter in the landing areas, provided by the plan, to perform additional landings or change the flight route, if it is necessary for safety ensuring of the flight of aerial vehicle.

      3. Carrier shall be obliged to transfer all the seat capacity of aerial vehicle without undue delay and keep aerial vehicle in such condition so that it may be used for the purposes, provided by the agreement during the validity of the agreement.

      4. Freighter shall have the right to transfer affreight aerial vehicle in sub-charter under agreement of the carrier.

Chapter 6. AVIATION PERSONNEL Article 53. Classification of aviation personnel

      1. Aviation personnel shall be divided into aviation personnel of civil, state and experimental aviation depending on belonging to the types of aviation.

      2. Lists of positions of aviation personnel of state aviation shall be established by the order of the authorized body in the field of state aviation.

      3. Aviation personnel of civil aviation shall be obliged to comply with the rules of wearing of the uniform and rank badges in the manner, established by the authorized body in the scope of civil aviation.

      Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 54. Professional training and admission to the types of the activity of aviation personnel of civil aviation

      Footnote. Title of Article 54 is in the wording of the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Professional training of aviation personnel of civil aviation shall include initial training, re-training and maintenance of professional level.

      Initial training and re-training of aviation personnel shall be carried out in aviation training centres.

      Maintenance of professional level shall be carried out in aviation training centres and (or) organizations of civil aviation.

      Level of qualification of aviation personnel is determined by individuals appointed by the authorized body in the field of civil aviation in accordance with the rules for determining the level of qualification of aviation personnel.

      Qualification level of aviation personnel of light and ultra-light aviation is determined by the permanent qualification commissions of non-profit organizations that unite the operators of aircraft in accordance with the rules for determining the level of qualification of aviation personnel.

      Training and retraining of aviation security personnel on aviation security service is carried out in aviation training centers certified by the authorized body in the field of civil aviation and / or training centers of the International Civil Aviation Organization (ICAO) for aviation security in accordance with the aviation security training and retraining program.

      Training and retraining of inspectors of the aviation security service is carried out by an independent training center in accordance with the aviation security training and retraining program.

      Training and retraining of aviation security personnel, having an unaccompanied access to the protected and restricted airport access zone, are conducted at the aviation training centers certified by the authorized body in the field of civil aviation and / or ICAO training centers for aviation security or in civil aviation organizations by the instructors of aviation security who received an access to work from the authorized body in the field of civil aviation in accordance with the aviation security training and retraining program.

      2. Conformance of services of the aviation training centre of civil aviation to certification requirements shall be approved by the authorized body in the scope of civil aviation by issuance of aviation training centre certification of civil aviation.

      Procedure for conducting the certification procedure of aviation training centre of civil aviation shall be established by the Rules of certification procedure and issuance of aviation training centre certification of civil aviation.

      Foreign aviation training centers for civil aviation are allowed to train and maintain the professional level of civil aviation personnel after recognition of their certificates by the authorized body in the field of civil aviation in accordance with the rules of certification and issuance of a certificate of the aviation training center for civil aviation.

      2-1. Aviation personnel should demonstrate the level of theoretical knowledge and practical skills, as well as the knowledge of languages ​​at the level corresponding to the functions performed, in accordance with the standards of the International Civil Aviation Organization (ICAO), through testing or periodic checks conducted by designated individuals qualified to determine the level of qualifications of aviation personnel.

      2-2. Simulators used to train, maintain and check the practical skills of crew members of civil aircraft are permitted to be used in accordance with the rules for evaluation of flight simulators in civil aviation approved by the authorized body in the field of civil aviation.

      3. Personnel related to aviation personnel must undergo professional training to perform professional activities in accordance with the programs agreed by the authorized body in the field of civil aviation.

      Persons directly related to performance and support of aircraft flights and their technical maintenance, air traffic services are allowed to professional activity if there is a valid certificate for the right to carry out such activities and a medical certificate.

      Requirements for medical inspection, medical examination in the field of civil aviation, applied to aviation personnel, as well as the categories of persons subject to mandatory medical inspection and medical examination, are established by the rules of medical inspection and examination in civil aviation of the Republic of Kazakhstan, developed on the basis of the standards and recommended practice of the International civil aviation organization (ICAO) and approved by the authorized body in the field of civil aviation.

      When passing a medical examination, the applicant must inform the aviation medical expert about the presence of diseases known to him and which are dangerous for flight operations.

      Medical examination of aviation personnel is conducted in aviation medical centers certified by the authorized body in the field of civil aviation. Medical examination of light and ultra-light aviation pilots may be carried out by an aviation medical expert, the requirements for whom are established by the rules for appointment of aviation medical experts approved by the authorized body in the field of civil aviation.

      Aviation medical experts are responsible for violation of the requirements for medical examination.

      In case of detection of a violation of certification requirements for aviation medical centers, the authorized body in the field of civil aviation takes the actions in the following order:

      1) requires the owner of the certificate of the aviation medical center to provide a corrective action plan in accordance with Article 16-3 of this Law and its implementation;

      2) suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) of the aviation medical center, if violations of certification requirements are not eliminated within the time frame established by the corrective action plan;

      3) withdraws the certificate of the aviation medical center if within one year from the day of suspension of its operation the violations of certification requirements are not eliminated.

      Validity of the certificate of the aviation medical center may be fully or partially limited also at the request of its owner in accordance with the rules for certification of aviation medical centers.

      In case of detection of violation of certification requirements for aviation medical experts, the authorized body in the field of civil aviation takes actions in the following order:

      1) suspends in whole or in part the scope of such certificate (or permitted types (sub-types) of activities specified in the certificate) of an aviation medical expert until the violations of certification requirements for aviation medical experts are eliminated for a period of up to three months;

      2) withdraws the certificate of the aviation medical expert if within three months from the date of suspension of its operation the violations of the certification requirements are not eliminated.

      Validity of the certificate of an aviation medical expert is suspended in the following cases:

      1) violation of the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities in terms of medical examination and certification requirements;

      2) submission of the application by the owner of the certificate of the aviation medical expert for a period not exceeding three months.

      A certificate of an aviation medical expert is withdrawn in the following cases:

      1) non-elimination of non-compliance within three months from the date of suspension of the certificate of the aviation medical expert;

      2) submission of the application by the owner of the certificate of the aviation medical expert.

      The procedure for suspending and revoking the certificate of an aviation medical expert is determined by the rules for appointment of aviation medical experts.

      Validity of the certificate of an aviation medical expert may be fully or partially limited also at the request of its owner in accordance with the rules for appointment of aviation medical experts.

      In the event of detection of violation of the requirements for medical examination in the field of civil aviation in relation to an aviation medical expert, the authorized body in the field of civil aviation shall take the following actions:

      1) when detecting violation of the requirements for medical examination in the field of civil aviation, initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses;

      2) upon the repeated violation of the requirements for medical examination in the field of civil aviation within a year after the imposition of an administrative penalty, re-initiates the administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and recalls the certificate of an aviation medical expert.

      In the event that a person, directly connected to performance and maintenance of aircraft flights, air traffic service, during the medical examination, is detected of concealing the information on presence of diseases known to him and posing a danger to flight operations, the authorized body in the field of civil aviation takes the actions against the aviation personnel in the following order:

      1) initiates administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and suspends the validity of the certificate of aviation personnel until the violations are eliminated;

      2) upon the repeated violation within one year after the imposition of an administrative penalty, re-initiates the administrative proceedings in accordance with the Code of the Republic of Kazakhstan on administrative offenses and recalls the certificate of aviation personnel.

      Issuance and prolongation of the validity of the certificate of aviation personnel, as well as the introduction of qualification and special marks in the said certificate are established by the Rules for issuance and prolongation of the validity of certificates of aviation personnel approved by the authorized body in the field of civil aviation.

      Introduction of qualification and special marks in the certificate of aviation personnel of light and ultra-light aviation is carried out by a non-profit organization uniting the operators of aircraft in accordance with the Rules for the issuance and prolongation of the validity of certificates of aviation personnel.

      4. Person, related to aviation personnel shall be admitted to independent professional activity after probation and decision of civil servant, conducted probation on possibility of admission to independent professional activity. Responsibility for justified decision on possibility of admission to independent professional activity of aviation personnel shall be borne by persons, conducted probation.

      Responsibility for admission to the independent professional activities of aviation personnel is borne by an individual who has the right to determine the level of qualification of aviation personnel who conducted professional knowledge and skills checks.

      5. Issuance of aviation personnel certificate to a person for the right of carrying out of professional activity shall be carried out by the authorized body in the scope of civil aviation upon conformance to qualification requirements.

      Qualification requirements to the person for receipt of aviation personnel certificate shall be determined by the authorized body in the scope of civil aviation.

      The authorized body in the scope of civil aviation shall keep register of issued aviation personnel certificates in accordance with this Article and aviation personnel certificates, recognized in accordance with Article 55 of this Law.

      6. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      6-1. The authorized body in the scope of civil aviation shall suspend the validity of aviation personnel certificate (decision on recognition) of a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity in the cases of:

      1) non-compliance of technology of performing the works, having an impact on air worthiness of aerial vehicle;

      2) insufficient professional training, detected during verifications;

      3) a one-time gross violation of the established requirements for maintenance and performance of flights, maintenance of air traffic and technical maintenance; 

      4) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

      5) performance of the activity, linked with aerial vehicle handling, maintenance operation of aerial vehicles, air traffic maintenance under the influence of alcohol, drugs and (or) substance abuse (their analogies).

      6-2. The authorized body in the scope of civil aviation shall revoke aviation personnel certificate (decision on recognition) from a person, being the owner of aviation personnel certificate, issued or recognized in accordance with the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity, in cases of:

      1) receipt of certificate (decision on recognition) by falsification of documents submitted by it;

      2) falsification of records and data, related to performance of official duties, linked with them;

      3) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      4) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);
      5) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      6) under the court decision.

      6-3. Procedure and terms for suspension of aviation personnel certificate, as well as its revocation from an applicant (owner), being the individual, related to aviation personnel shall be determined by the Rules of issuance and extension of the validity of aviation personnel certificates.

      6-4. Validity of the certificate of aviation personnel (decision on recognition) of the person holding the certificate of aviation personnel issued or recognized in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities is terminated in the following cases:

      1) loss of a certificate of aviation personnel, its replacement due to a change of last name, first name, patronymic (if it is specified in the identity document) and other technical reasons;

      2) disability (on presentation of data from the place of work);

      3) death;

      4) a break in work for more than five years.

      7. The specifics of working time of civil aviation and experimental aviation personnel directly related to flight safety are developed taking into account the standards and recommended practices of the International Civil Aviation Organization (ICAO) and the aviation rules of international organizations in the field of civil aviation and are established by the authorized body in the field of civil aviation for all operators and civil aviation organizations of the Republic of Kazakhstan.

      In accordance with the specifics of working time for civil aviation personnel directly related to flight safety, the operator of the civil aviation aircraft has the right to approve the provision on organization of working time and rest for crew members.

      8. Admission of aviation personnel to performance and maintenance of especially important flights is carried out in agreement with the State Security Service of the Republic of Kazakhstan.

      9. Is excluded by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      10. Persons linked with performance and flight operations of aerial vehicles and their maintenance operation, air traffic maintenance shall be prohibited to carry out such activity under the influence of alcohol, drugs and (or) substance abuse (their analogies) or use substances, inducing such intoxication in the process of performing own obligations.

      Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 55. Recognition of aviation personnel certificate of foreign state

      1. Aviation personnel certificate issued by foreign states shall be recognized valid in the Republic of Kazakhstan under the condition that requirements in accordance with which such certificates are issued, answer to the standards, established by International Civil aviation Organization (ICAO).

      Recognition of aviation personnel certificate, issued by foreign state to a citizen of the Republic of Kazakhstan, or aviation personnel certificate of foreign citizen, arriving in the Republic of Kazakhstan for employment, shall be carried out by the authorized body in the scope of civil aviation with issuance of the relevant certificate.

      2. Procedure and conditions for recognizing the aviation personnel certificates, issued by foreign states shall be established by the authorized body in the scope of civil aviation.

Article 56. Crew team of aerial vehicle

      1. Crew team of aerial vehicle are the persons of aviation personnel being charged with fulfillment of particular obligations on handling and maintenance of aerial vehicle on performance of flights in the manner, established by the authorized body in the scope of civil aviation.

      Crew team of civil aerial vehicle shall contain air crew and crew team, other than air crew, including the cabin crew.

      Person shall hold the office of a pilot, panel operator (flight engineer), navigating officer or flight radio officer, included in air team and crew team, other than air crew, civil aerial vehicle, air operator of the Republic of Kazakhstan, in existence of valid certificate of aviation personnel, issued in accordance with Article 54 of this Law, or aviation personnel certificate, issued by foreign state and recognized in accordance with Article 55 of this Law.

      2. Minimal composition of air crew of aerial vehicle shall be determined by its developer depending on the type and designation of aerial vehicle, aims and conditions of operation and shall be stated in the documents on flight operation of aerial vehicle of each type.

      3. For the period of undergoing the tests of experimental aerial vehicle, the minimal composition of air crew shall be determined by the developer of aerial vehicle.

      4. Flight of aerial vehicle in incomplete composition of the air crew shall not be allowed.

      5. Each crew member has the right to refuse to perform a mission for flight because of fear of a successful completion of the flight in cases where:

      1) he feels tired or aware that his physical or mental condition does not allow him to perform tasks according to required standards due to illness, injury or in other cases;

      2) the level of his preparation does not meet the requirements for safe flight performance.

      5-1. Crew members are obliged:

      1) to use the provided conditions and facilities for rest and eating, and plan and spend their rest time in such a way as to ensure a full recovery of forces;

      2) to fail to exercise the rights conferred by their certificates and relevant qualification marks, being under the influence of any psychoactive substance that may make them unable to exercise these rights in a safe and proper manner;

      3) not to carry out any actions related to the risk of using psychoactive substances.

      6. Members of cabin crew of civil aerial vehicle of the Republic of Kazakhstan shall be obliged to speak Kazakh language upon the care of passengers.

      Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 57. Commander of aerial vehicle

      1. Commander of aerial vehicle may be a person who completed the relevant training, has the pilot certificate and admission to the right of independent control of aerial vehicle of this type in established manner.

      For each individual flight, the aircraft commander is appointed by the aircraft operator or the aircraft owner in the case of general aviation.

      1-1. A pilot who is authorized to independently operate an aircraft of a certain type, who is responsible for the safe completion of the flight (flights) in accordance with the mission for commercial aviation flight or a similar document in general aviation is the commander of a civil aviation aircraft.

      1-1. Commander of aerial vehicle of civil aviation may be a pilot, who has a valid pilot certificate and admission for independent control of aerial vehicle of particular type and appointed by the air operator or in case of general aviation – by the owner of aerial vehicle to perform the obligations of commander and ensure safety performance of the flight.

      2. Commander of aerial vehicle shall ensure compliance with the flight rules and operation of aerial vehicle irrespective of whether he carries out aerial vehicle handling or not, discipline and order on aerial vehicle, rules of conduct on aerial vehicle, as well as take measures on safety ensuring of people being on board, safety of aerial vehicle, cargo and property.

      3. Orders of commander of aerial vehicle shall be subject to compulsory fulfillment by all persons, being on board of aerial vehicle.

      4. Commander of aerial vehicle shall require unconditional fulfillment of rules, linked with safety ensuring of flight from all persons, being on board of aerial vehicle, as well as give relevant orders within his (her) competence to any person, being on board of aerial vehicle.

      5. The commander of an aircraft has the right:

      1) make final decision on taking off, flying and landing of aerial vehicle, as well as on termination of the flight and return to the aerodrome or unscheduled landing in case of visible threat to flight operation safety of aerial vehicle for the purpose of prevention of aviation accident. Such decisions may be made with departure from the flight plan, instructions of the relevant air traffic support body (air traffic control body) and as far as possible in accordance with established flight rules;

      2) give the orders to persons, being on board of aerial vehicle, and require their fulfillment for the purpose of safety ensuring of the flight of aerial vehicle;

      3) to take all necessary measures, including coercive measures, against persons:

      creating a direct threat to flight safety by their actions;

      violating the rules of conduct on board an aircraft approved by the authorized body in the field of civil aviation, refusing to obey his orders;

      4) to draw up an appropriate act on creation of a security threat and (or) violation of the rules of conduct on board an aircraft during flight operations;

      5) upon arrival of the aircraft to the nearest airfield, to drop off any crew member or passenger from the aircraft for reasons that affect flight safety and to maintain order of conduct on board the aircraft and hand it over to law enforcement authorities;

      6) make decisions on fuel draining in flight, dumping of luggage, cargo and postal matters, if it’s necessary for safety ensuring of flight of aerial vehicle and its landing;

      7) in the absence of relevant aviation security services, to ensure pre-flight inspection of passengers, hand luggage, baggage and cargo;

      8) take other necessary measures on ensuring of safety completion of the flight of aerial vehicle.

      6. Commander of aerial vehicle, received information during the flight about people, suffering or suffered disaster shall be obliged to inform about this to the relevant air traffic support body (air traffic control body) and render possible assistance, if this does not constitute a threat to the flight operating safety of this aerial vehicle, passengers and crew team.

      7. In the event of an aviation accident, the aircraft commander directs the actions of persons on board the aircraft prior to the transfer of his authority to representatives of search and rescue services.

      8. In case of detection of diseased persons being in need of emergency medical treatment, as well as persons who carry infectious diseases or food poisoning, commander of aerial vehicle shall be obliged to inform the airport service of the first landing about this.

      9. The aircraft commander is responsible for:

      1) the safety of all crew members, passengers and cargo on board the aircraft after the doors are closed;

      2) control of the aircraft and its safety from the moment the aircraft is ready for movement to take off until it stops completely at the end of the flight or shutdown of the engine (engines) that were used as the main power system;

      3) compliance with the system of control cards used by flight crews before, during and after all phases of flight, as well as in an emergency situation;

      4) information to the operator after completion of the flight about all known or suspected defects on the aircraft;

      5) keeping a logbook or drawing up a general declaration.

      Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 58.Managing workers of the aviation organizations, ensuring the flight operating safety

      1. Leaders of civil and experimental aviation organizations providing safety of flights are: the flight director, the chief of the aviation safety inspectorate, the head of the aviation engineering service, the head of the quality control service (with the exception of light and ultra-light aviation).

      2. The list of offices of the state aviation workers, ensuring the flight operating safety shall be determined by the authorized body in the scope of civil aviation.

      Appointment and release of the state aviation workers, ensuring the flight operating safety shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

      Servicemen of the body responsible for control and supervision over the activities of state aviation in order to confirm their identity and authority by the authorized body in the field of state aviation receive the service certificates.

      The procedure for issuing, using and description of the service certificate is approved by the head of the authorized body in the field of state aviation.

      The service certificate of the serviceman of the body of control and supervision over the activities of state aviation confirms his right to participate in inspections of the state of flight safety of state aviation and investigation of aviation accidents.

      Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 7. AIR OPERATOR Article 59. Admission of persons to operation of civil aerial vehicles

      1. Individuals or legal entities of the Republic of Kazakhstan, admitted to the operation of civil aerial vehicles may be:

      1) air operator, performing commercial airborne transportations, after certification procedure and receipt of the air operator certification;

      2) air operator, performing the aviation works, after certification procedure and receipt of certificates for performance of aviation works;

      3) general air operator.

      2. Operators engaged in international commercial air transportations and operators of heavy or turbojet general aviation aircraft authorized to perform international flights in accordance with the standard flight safety management instruction for civil aircraft operators are required to introduce a flight safety management system, depending on the volume and complexity of the flights performed.

      Footnote. Article 59 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 60. Certification procedure of air operators of civil aerial vehicles

      1. In order to receive an operator's certificate and (or) a certificate for performance of aviation operations, the applicant sends an application to the authorized body in the field of civil aviation with the documents confirming compliance with certification requirements and certification conditions in accordance with the rules of certification and issuance of a certificate of operator of civil aircraft and (or) the rules of the operator's admission to aviation works.

      In order to obtain a certificate of operator or a certificate to perform aviation works, the applicant must prove in the authorized body in the field of civil aviation that he has the certified aircraft, trained personnel, documentation, equipment, buildings, facilities necessary for flight, technical operation of aircraft and flight operations, and also carries out compulsory insurance in accordance with the laws of the Republic of Kazakhstan on mandatory types of insurance.

      The air operator shall bear responsibility for alarm reporting during flights of his (her) aerial vehicles in uncontrolled air space.

      2. The operator is prohibited from violating the operational requirements and limitations established by the operator's certificate and (or) the certificate to perform aviation operations. It is not allowed to find the same aircraft in certificates and (or) certificates to perform aviation works of two or more operators.

      Operation of aircraft without a valid certificate of the operator and (or) a certificate to perform aviation works is prohibited.

      3. The air operator certification and (or) certificate for performance of aviation works shall not be subject to transferring to the other person.

      4. The authorized body in the field of civil aviation shall suspend the certificate of the operator and (or) the certificate to perform aviation works in accordance with the provisions of Article 16-3 of this Law, as well as in the following cases:

      1) non-compliance of the air operator with certification requirements and restrictions;

      2) non-securing of insurance in accordance with the requirements of the Laws of the Republic of Kazakhstan on compulsory types of insurance;

      3) detection of violations, having an impact on the flight operating safety, established upon inspection investigations, as well as in the foreign states;

      4) in case of written application of the air operator.

      The procedure for suspension of validity of the air operator certification of civil aerial vehicles and (or) certificate for performing the aviation works shall be determined by the Rules of certification procedure and issuance of the air operator certification of civil aerial vehicles and Rules of permitting the air operator to aviation works respectively.

      If the operator of the aircraft has not eliminated the identified inconsistencies and (or) violations within the prescribed period, the authorized body in the field of civil aviation recalls the operator's certificate and (or) the certificate to perform aviation works.

      In case of termination of commercial airborne transportations by the air operator more than six months, the authorized body in the scope of civil aviation shall revoke the air operator certification.

      5. Refusal to issue a certificate for the right to perform flights is carried out upon:

      detection of inconsistencies provided for in paragraph 7 of Article 16 of this Law;

      court decision in respect of the applicant which prohibits him to provide this type of service.

      Refusal to issue an operator's certificate and (or) a certificate to perform aviation works may be appealed in the court.

      Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 61. The air operators of general aviation

      1. The basis for admittance to flights of general aviation operators, operating with the maximum certificated take-off mass of five thousand seven hundred kilograms or less, helicopters with a maximum certificated take-off mass of three thousand one hundred and eighty kilograms or less, as well as the aircraft and auxiliary devices, is the compliance with the following conditions:

      1) presence of a valid pilot certificate with the admittance to manage this type of aircraft, vehicle and auxiliary device;

      2) presence of a certificate on the state registration of a civil aircraft, a vehicle, an auxiliary device and a valid certificate of airworthiness of a civil aircraft;

      3) provision of insurance in accordance with the requirements of the laws of the Republic of Kazakhstan on compulsory types of insurance;

      4) conclusion of contracts with aero-clubs or non-commercial organizations, uniting aircraft operators to provide emergency warning services for flights in uncontrolled airspace.

      Safety of flights is provided by the aircraft commander (pilot) and the owner of the aircraft, which is an operator of general aviation.

      2. General aviation operators operating aircraft with a maximum certificated take-off mass of five thousand seven hundred kilograms and (or) aircraft equipped with one or more turbojet engines, helicopters with a maximum certificated take-off mass of over three thousand and one hundred and eighty kilograms, are allowed to perform flights after issuance of a certificate by the authorized body in the field of civil aviation, for the right to perform flights in accordance with the rules for admission to flights of general aviation operators.

      3. For receipt of certificate for the right of performing the flights, the owner of civil aerial vehicle shall direct the application with documents, confirming the conformance to requirements, established by the Rules of admitting the air operators of general aviation to the flights to the authorized body in the scope of civil aviation.

      4. For receipt of certificate for the right of performing the flights, the owner of aerial vehicle shall be obliged to dispose certified aerial vehicle, trained aviation personnel, documents, equipment, required for air operation, maintenance operation of aerial vehicle and ensuring of performing the flights, as well as carry out the compulsory insurance.

      The air operator (owner) of aerial vehicle shall bear responsibility for alarm reporting during the flights of his (her) aerial vehicles in uncontrolled air space.

      5. Certificate for the right of performing the flights shall not be subject to transfer to the other person.

      6. The authorized body in the scope of civil aviation shall suspend the validity of certificate for the right of performing the flights in the cases of:

      1) non-compliance of the air operator (owner) of aerial vehicle with requirements and restrictions, established by the Rules of admitting the air operator of general aviation to the flights;

      3) detection of violations provided for in Article 16-3 of this Law;

      4) a written statement of the operator.

      The procedure for suspension and renewal of the validity of the certificate for the right to perform the flights is determined by the rules for admittance of general aviation operators to flights.

      7. Refusal to issue a certificate for the right to perform flights is carried out in cases when:

      1) the applicant does not comply with the requirements of the rules for admittance to flights of general aviation operators;

      2) there is a court decision against the applicant prohibiting him from performing such flights.

      Refusal to issue a certificate to perform aviation works may be appealed in the court.

      Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 62. Flying club

      1. Flying club shall keep records of concluded agreements with the air operators for rendering of services, provided by the flying club.

      Flying club shall have the right to delegate its obligations before the air operator to the other flying club on the basis of agreement, concluded between them and in concurrence with the air operator.

      The standard type agreement for rendering of services by the flying club shall be established by the authorized body in the scope of civil aviation.

      2. The flying club shall ensure alarm reporting and shall have the right to provide meteorological and aeronautical information, services on continuing airworthiness, maintenance operation and repair of aerial vehicles, professional training of aviation personnel, air traffic maintenance to the air operators, employing its services within zone of responsibility, ensuring of aviation security.

      3. Flying club shall not bear responsibility for performance of requirements on the flight operating safety and aviation security in accordance with the agreement, concluded with the air operator.

Chapter 8.AERODROMES (HELICOPTER AERODROMES). AIRPORTS Article 63. Classification of aerodromes (helicopter aerodromes)

      1. Depending on belonging, the aerodromes (helicopter aerodromes) shall be divided into the aerodromes (helicopter aerodromes):

      of civil aviation;

      of experimental aviation;

      of state aviation.

      2. Depending on use, size of the flight strip and load bearing capacity of their cover, as well as depending on equipment of aerodromes (helicopter aerodromes), classification of aerodromes (helicopter aerodromes) of civil, experimental and state aviation shall be determined by the means of communication, lighting and radio-technical support of flights by the relevant authorized bodies in the scope of aviation.

      3. Depending on the type of the surface of flight strip, the aerodromes (helicopter aerodromes) may be with artificial surface, unsurfaced, snowy, ice and water aerodrome, as well as on floating barges, vessels and other constructions.

Article 64. The air operator of aerodrome (helicopter aerodrome), airport of civil aviation

      1. The air operator of aerodrome (helicopter aerodrome) shall be recognized as individual or legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with international treaties, ratified by the Republic of Kazakhstan that uses the aerodrome (helicopter aerodrome) on the right of ownership or other legal grounds.

      The air operator may be only the legal entity of the Republic of Kazakhstan, as well as of foreign state in accordance with the international treaties, ratified by the Republic of Kazakhstan that uses the airport on the right of ownership or other legal grounds.

      Operator of the airdrome (heliport), airport:

      1) provides and monitors compliance with the requirements for ensuring the flight safety and aviation security on the territory of the airport, the aerodrome (heliport), including individuals and legal entities operating on the territory of the aerodrome (heliport), airport;

      2) establishes a commission to monitor the activities that may pose a threat to flight safety at the aerodrome and in the near-aerodrome territory;

      3) keeps the daily plan on receipt and departure of aerial vehicles, ensure its performance, keeps records and analysis of regularity of departures, takes off and landings of aerial vehicles;

      4) presents the reports on safety performance of flights, aviation security, audit, accounting reports at the request of the authorized body in the scope of civil aviation;

      5) has the right to close the aerodrome (heliport), the airport for receiving and sending civil aircraft in connection with technical and meteorological conditions threatening flight safety;

      6) has the right to carry out non-aviation activities, while the costs of such activities should not directly or indirectly affect the tariffs for the regulated services.

      1-1. All entities operating at an aerodrome used in the field of civil aviation are obliged to comply with the norms established by the airport operator in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities.

      2. Candidate for the chief executive officer of the air operator of airport shall conform to qualification requirements, established by the authorized body in the scope of civil aviation.

      3. Operator of an international airport, in accordance with the standard flight safety management instruction at airports, is required to introduce a flight safety management system, depending on the volume and complexity of the flights performed.

      Footnote. Article 64 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 65. Airport activities

      1. Structure of the airport's activities includes goods, works, aerodrome and ground handling services, the list of which shall be approved by the authorized agency for civil aviation by agreement with the antimonopoly authority.

      Other activities not related to airport activities may be carried out at the airport territory by the airport operator or other individual and legal entities under a contract with the airport operator.

      Aerodrome service is the type of airport activity attributed by the legislation of the Republic of Kazakhstan on natural monopolies to the airport's regulated services and carried out by the airport operator.

      The ground services include the type of airport activities performed by the airport operator and/ or the provider of ground services, as well as by an airline that independently services its aircraft, passengers, baggage, cargo and mail.

      2. If the number of passengers serviced at an airport less than two million people per year, the airport operator may allow the access of the ground service provider to the airport territory in accordance with the rules for performing ground services at airports approved by the authorized agency for civil aviation by agreement with the antimonopoly authority.

      Note by RCLI!
      Action 2 of point 2 shall be enforced from 01.01.2019 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI.

      Procedure and conditions for provision of ground services at the airport territory, the requirements for providers of ground services and the form of a standard contract for provision of ground services are determined by the rules for ground services at airports.

      3. A contract concluded by an airport operator with a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail must provide for the payment of compensation for the use of infrastructure facilities, equipment and technical devices of the airport in accordance with the standard contract for provision of ground services.

      4. Airport operator does not have the right to unreasonably refuse a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail, in providing ground services at the airport territory.

      Airport operator's decision to refuse a ground service provider or an airline that independently services its aircraft, passengers, baggage, cargo and mail on the airport territory may be appealed in court.

      5. Airport operator and ground service provider shall develop and approve programs to monitor the quality of the airport services in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO) or the aviation rules of international organizations in the field of civil aviation.

      Airport operator regularly audits the quality of the services provided and / or rendered by the ground services provider to determine the compliance of the services provided with the standards and recommended practices of the International Civil Aviation Organization (ICAO) or the aviation rules of international organizations in the field of civil aviation. Such an audit is carried out on a contractual basis between civil aviation organizations.

      Footnote. Article 65 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication) ; as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 No. 122-VI (shall be enforced from 01.01.2018); dated 24.05.2018 No. 156-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 65-1. Airport terminal

      1. Airport terminal for handling of internal flights shall have the airline ticket offices, registration desks, rooms of registration, waiting rooms, departure and arrival lounges, ablutions, as well as specially equipped rooms for disabled persons and limited mobility people, room for mothers with children, objects of information service, medical station, guard station, lost and found department.

      Airports of aviation hubs must have the necessary areas, infrastructure and equipment for servicing transit passengers and their luggage.

      2. Airport terminal for handling of international flights shall additionally have the objects and premises in accordance with requirements of the Rules of opening and closing the airports for the international flights operation of aerial vehicles, approved by the authorized body in the scope of civil aviation.

      3. People shall be provided with trustworthy information on time of departure and arrival of flights, cost of air ticket and their existence, emergency medicine, location of book of complaints and suggestions, work schedule of airport terminals, location of the premises, as well as the list of services, rendered to the people.

      Provision of information shall be ensured for disabled persons as well, with the use of languages, texts, Braille letters, tactile communication, large prints, available multimedia.

      4. Passages and exits shall be available for disabled persons and limited mobility people (equipped by entrance ramps, specialized lifts).

      5. Airport terminals intended for public service shall be in a good technical condition.

      6. Persons, carrying out the activity in airport terminals shall ensure safety of passengers, create necessary conditions for them, serve in a civilized manner, be polite and preventive in treatment with all persons, require compliance with requirements of the legislation of the Republic of Kazakhstan from them.

      7. Airport terminals are the integral part of transportation process and shall be operated in accordance with the requirements of the legislation of the Republic of Kazakhstan.

      8. Depending on the class of airport terminal, additional requirements shall be submitted to the quality of service and equipping of airport terminals.

      The class of airport terminal and method of determining the class of airport terminal shall be established by the authorized body in the scope of civil aviation.

      Footnote. Chapter 8 is supplemented by Article 65-1 in accordance with the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); as amended by the Law of the Republic of Kazakhstan dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 65-2. Accessibility of civil aviation services for the disabled

      1. For access of disabled persons to services in the field of civil aviation, the airports should:

      1) allocate places with installation of special road signs for parking of vehicles of invalids;

      2) adapt buildings, access to buildings (the entrance to the building, stairs), traffic routes inside the building for the low-mobile groups of the population;

      3) make available a duty wheelchair to service disabled people with disorders of the musculoskeletal system and other low-mobility groups of the population;

      4) equip public toilets with cabins for people using wheelchairs.

      Footnote. Chapter 8 is supplemented by 65-2 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 66. Certification procedure and admission of aerodromes, helicopter aerodromes to operation

      1. Aerodromes (helicopter aerodromes), used by civil aviation, as well as aerodromes of joint use and basing shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of civil aviation.

      Aerodromes (helicopter aerodromes), used only by the state aviation shall conform to the operational suitability standards of aerodromes (helicopter aerodromes) of the state aviation, approved by the authorized body in the scope of civil aviation.

      2. The classified aerodrome (helicopter aerodrome) shall be admitted to operation after receiving the certification on its air worthiness by the air operator of aerodrome (helicopter aerodrome) and notification of the authorized body in the scope of civil aviation on opening of the aerodrome (helicopter aerodrome).

      3. Unclassified aerodrome, temporary aerodromes and landing places shall be admitted to operation in accordance with the Rules of determining the operational suitability of unclassified and temporary aerodromes and landing places, approved by the authorized body in the scope of civil aviation.

      4. Procedure for admission of aerodromes (helicopter aerodromes) of the state aviation to the operation shall be determined by the authorized body in the scope of civil aviation.

      5. Unclassified aerodrome, temporary aerodromes and landing areas used in the interests of state aviation are allowed to operate in accordance with the standards of airworthiness of aerodromes (heliports), aerodrome sections of highways and tactical and technical requirements for aerodromes (heliports) of state aviation.

      6. Procedure for certification procedure of aerodromes (helicopter aerodromes), used in the scope of civil aviation shall be determined by the Rules of certification procedure and issuance of the air worthiness certification of aerodrome (helicopter aerodrome).

      7. Refusal in issuance of the air worthiness certification (helicopter aerodrome) shall be performed in cases, if:

      1) the aerodrome (helicopter aerodrome) does not conform to the operational suitability standards of civil aerodromes (helicopter aerodromes);

      2) the air operator of aerodrome (helicopter aerodrome) does not conform to requirements, established by paragraph 1 of Article 64 of this Law.

      8. The authorized body in the scope of civil aviation shall suspend the validity of air worthiness certification of aerodrome (helicopter aerodrome) for the term of up to six months in the cases of:

      1) non-compliance with the certification requirements by the air operator of aerodrome (helicopter aerodrome);

      2) upon the application of the air operator of aerodrome (helicopter aerodrome).

      9. If the air operator of aerodrome (helicopter aerodrome) did not eliminate detected non-conformities of the reason of suspension in established term, the authorized body shall revoke the air worthiness certification of the aerodrome (helicopter aerodrome).

      10. In concurrence with the authorized body in the scope of civil aviation, the temporary deviations from the operational suitability standards of aerodromes (helicopter aerodromes) shall be allowed, if such deviations are compensated by introduction of additional measures, ensuring the aircraft safety factor is equivalent to the established measure.

      11. Responsibility for safety ensuring of flights, conformity to certification requirements, operational suitability within the whole period of operating the aerodrome (helicopter aerodrome), temporary aerodrome and landing place shall be imposed on the air operator.

      Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2017 № 69-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 67.Registration of aerodromes (helicopter aerodromes)

      1. Aerodromes (helicopter aerodromes) used for the purpose of civil aviation, except for unclassified and temporary aerodromes shall be subject to registration in the register of aerodromes (helicopter aerodromes) of civil aviation.

      Upon opening of aerodromes (helicopter aerodromes) civil aviation organizations shall direct the application with annexation to the authorized body in the scope of civil aviation as follows:

      1) copies of entitling document on the right (of permanent or temporary compensated land use) to the land plot or other object, on which the aerodrome (helicopter aerodrome) is located;

      2) copies of documents, confirming the right of ownership or right of possession to the aerodrome (helicopter aerodrome) (purchase and sale agreement, transfer and acceptance act, order on transfer on the balance, right of ownership, property lease, trust management and etc.);

      3) information on technical specifications, geographical coordinates and location (inhabited locality) of aerodrome (helicopter aerodrome).

      Closing of aerodromes (helicopter aerodromes) in the authorized body in the scope of civil aviation shall be carried out upon the application of civil aviation organization.

      2. Registration of aerodromes (helicopter aerodromes) of civil aviation, aerodromes of joint use and joint basing shall be carried out by the authorized body in the scope of civil aviation.

      3. Unclassified and temporary aerodromes (helicopter aerodromes) landing places shall be subject to registration by the air operators in the manner, determined by the authorized bodies in the scopes of civil and state aviation.

      Footnote. Article 67 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 68. Aerodrome service of aerial vehicles

      1. The air operators of aerodromes (helicopter aerodromes), aeronautical, meteorological organizations shall carry out the aerodrome, aeronautical and meteorological flightsupport of aerial vehicles on aerodromes (helicopter aerodromes), opened for common use, on the equal conditions and on the basis of agreements (public agreements).

      2. Aerodromes, airports may be closed for acceptance and production of aerial vehicles in announced time of their work only on technical or meteorological conditions, threatening to the flight operating safety.

      3. Services, included to the composition of airport activity, mentioned in subparagraphs 1) – 3) of paragraph 1 of Article 65 of this Law shall be carried out without compensation in cases of performing the flights of aerial vehicles:

      1) suffering or suffered disaster, as well as aerial vehicles, the routes of flights of which were changed due to accident situation on a board, refuse or defect of material part;

      2) for conduct of search and rescue works or rendering of assistance to people during natural disasters;

      3) due to emergency situations, linked with the act of unlawful interference to the aviation activity.

Article 69. Aerodromes of joint basing and use

      1. Aerodrome of joint basing is the aerodrome, on which civil, state and (or) experimental aviation organizations are jointly based.

      2. Aerodrome of joint use is the aerodrome, used jointly by civil, state and (or) experimental aviation.

      3. Operation of aerodromes of joint basing and aerodromes of joint use shall be carried out on the basis of agreements in accordance with the Rules of using the aerodromes of joint basing of civil and state aviation of the Republic of Kazakhstan, approved by the authorized body in the scope of civil aviation jointly with the authorized body in the scope of civil aviation.

      4. Aerodromes of joint basing and aerodromes of joint use shall relate to the civil or state aviation on accessory. The list of such aerodromes shall be approved by the joint order of the heads of authorized bodies in the scopes of civil and state aviation of the Republic of Kazakhstan.

Article 70. Airports for international flight operations of aerial vehicles

      1. Procedure for opening and closing of airports for international flight operation of aerial vehicles shall be determined by the authorized body in the scope of civil aviation.

      The procedure for opening and closing airports to ensure international flights of aircraft is determined by the authorized body in the field of civil aviation.

      2. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      3. Airports, opened for international flights of the state and experimental aerial vehicles of foreign states, as well as international flights of aerial vehicles for transportation of military formations, weaponization and military equipment of foreign states shall be determined by the authorized body in the scope of civil aviation.

      Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 71. Construction, reconstruction, liquidation or transfer of airfields and airports or special facilities

      1. Airport construction and reconstruction projects, classified aerodrome (heliport) projects should provide for flight safety, aviation and public safety, environmental protection, as well as the transport infrastructure needs (roads and other land routes of communication, telecommunications) for airport maintenance.

      2. During construction or reconstruction of an aerodrome, before the full completion of construction or reconstruction of an aerodrome, a temporary admission to the reception and release of aircraft of certain technologically completed facilities is allowed provided that the aerodrome operator provides an equivalent level of flight safety at the aerodrome. Temporary admission is carried out by the aerodrome operator in agreement with the authorized body in the field of civil aviation.

      3. Liquidation or transfer of aerodromes and airports to another location is carried out at the decision of the owner.

      Footnote. Article 71 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 72. Construction within the aerodrome environs

      Designing, construction and development of urban and rural settlements, as well as construction and reconstruction of industrial, agricultural and other facilities within the near-aerodrome territory should be conducted in compliance with flight safety requirements, taking into account possible negative effects of aerodrome equipment and aircraft flights on human health and individual and legal entities, as well as taking into account the requirements of Article 90 of this Law.

      Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 73. Temporary administration of airports

      1. In case of threat to the national security of the Republic of Kazakhstan, expressed in use of the airport, being strategic object, in violation of the interests of the state, life and health of people, the authorized body in the scope of civil aviation shall implement temporary administration in respect of the air operator of airport, admitted to international flights support in coordination with the Government of the Republic of Kazakhstan.

      2. Temporary administration of the air operator of airport, admitted to international flights support shall be carried out by temporary administration.

      Temporary administration of the air operator of airport, admitted to international flights support shall be carried out at the expense of the air operator of airport.

      3. Decision on implementation of temporary administration may be appealed in judicial proceeding by the possessor, the air operator of airport or a person, authorized by the general meeting of stockholders of air operator.

      4. The authorized body in the scope of civil aviation shall establish temporary administration, the composition of which includes representatives of the possessor and the air operator of airport, in respect of which the temporary administration is implemented.

      5. For the period of validity of temporary administration of the air operator of airport, admitted to international flight support:

      1) full powers on administration of the air operator of airport shall be transferred to temporary administration;

      2) the rights of the air operator on administrating the airport shall be suspended;

      3) powers of the air traffic control bodies of the air operator of airport and its administrative officers shall be suspended.

      6. Temporary administration shall:

      1) adopt decisions about all the questions of the activity of the air operator of airport within the competence, determined by this Law;

      2) conclude agreements and sign the documents on behalf of the air operator of airport;

      3) carry out the representation on behalf and in the interests of the air operator of airport, as well as in the court;

      4) involve independent experts for assessment of production issues, linked with operation of the airport.

      7. Temporary administration of the air operator of airport shall be terminated on the following grounds:

      1) expiration of the term of temporary administration, established by decision of the authorized body in the scope of civil aviation;

      2) adoption of decision on advanced completion of temporary administration by the authorized body in the scope of civil aviation;

      3) enforcement of the court decision on termination of temporary administration.

      8. For the damage, inflicted to the air operator of airport, admitted to performance of international flights by illegal actions (omission) in the period of temporary administration, the members of temporary administration shall bear responsibility, established by the Laws of the Republic of Kazakhstan.

Chapter 9.AIRBORNE TRANSPORTATIONS. AVIATION WORKS Article 74.The right of carrying out the airborne transportations. Airline carriers

      1. The right to carry out air transportation of passengers, baggage, cargo and postal items for payment or for hire (commercial air transportations) by regular and non-regular flights is available to airlines with a valid operator's certificate.

      2. Airline carriers may carry out the other activity in the scope of civil aviation in accordance with this Law.

      3. Airline carriers, performing the regular airborne transportations shall be established in the form of joint stock company in the manner, established by the Laws of the Republic of Kazakhstan.

      4. Is excluded by the Law of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016).

      4-1. The share of participation of foreigners, stateless persons and (or) foreign legal entities in the charter capital of an airline in the form of a joint-stock company should not exceed forty-nine percent.

      5. Airline carrier shall be obliged to dispose aerial vehicles, including their reserve, financial resources and property for safety operation of aerial vehicles and maintenance of their air worthiness, fund of spare parts to aerial vehicles for organization and operation of flights of aerial vehicles and quality of the rendered services, as well as for organization of training and re-training of aviation personnel in accordance with the certification requirements.

      6. Candidate for the chief executive officer of airline carrier shall conform to qualifying requirements, established by the authorized body in the scope of civil aviation.

      Footnote. Article 74 as amended by the Laws of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 75. International airborne transportations

      1. General provisions on airborne transportations shall be applied during international airborne transportations on civil aerial vehicles of the Republic of Kazakhstan, unless otherwise arisen from international treaties, ratified by the Republic of Kazakhstan.

      2. Appointed air carrier is the carrier, determined by the authorized body in the scope of civil aviation in the manner, established by Article 80 of this Law, for carrying out the regular airborne transportations in accordance with international treaty on air communication, the participant of which is the Republic of Kazakhstan.

      3. International airborne transportations of postal matters shall be carried out in compliance with the rules of international treaties, ratified by the Republic of Kazakhstan.

Article 75-1. Facilitation of formalities

      1. In order to facilitate and accelerate air transportations, as well as to prevent unreasonable delays in aircraft, crews, passengers and cargo, the authorized body in the field of civil aviation, in coordination with other state bodies, develops a program aimed at facilitation of formalities related to border, customs, and other types of control.

      2. Facilitation measures related to air transportation should not be carried out to the detriment of measures to ensure aviation security and state supervision.

      Footnote. Chapter 9 is supplemented by 75-1 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 76. General provisions in the scope of space airborne transportations

      1. Commercial air transportations are carried out on the basis of a contract of air transportation. The contract of air transportation is certified by registration of transportation documents issued by the airline or its authorized agents (agents).

      Commercial air transportation of passengers, baggage and cargo is carried out in accordance with the Rules for transportation of passengers, baggage and cargo in air transport approved by the authorized body in the field of civil aviation.

      2. Each passenger shall be issued by particular ticket that shall confirm:

      1) familiarization of passenger with conditions of the airborne transportation agreement;

      2) conclusion of the airborne transportation agreement between passenger and airline carrier.

      Ticket shall be issued on the basis of data of the document, confirming identity of a passenger.

      3. Airline carrier shall be obliged to comply with pull dates of food products, offered during the passenger service on the board of aerial vehicle.

      Airline carrier and its civil servants shall bear responsibility for violation of the pull dates of food products, offered during passenger service on the board of aerial vehicle, in accordance with the Laws of the Republic of Kazakhstan.

      4. The luggage ticket containing indication of the points of departure and destination shall be issued during the transporting registered luggage.

      5. During cargo transportation, a cargo bill indicating the departure and destination points, weight, conditions of cargo transportation is issued. The cargo bill is issued on paper or in electronic form. The sender must provide information and attach all the documents to the cargo bill that are required by the recipient prior to the delivery of the cargo to perform procedures established by the legislation of the Republic of Kazakhstan and foreign countries.

      Reception, processing, transfer and storage of cargo bills written out in electronic form are carried out through the information system and information technology used by the airlines.

      The relations of carriers, as well as other persons participating in the mixed transportation of goods by different types of transport under a single consignment note (single consignment), are determined by the legislative acts of the Republic of Kazakhstan on transport.

      Specifics of transportation of dangerous goods on civil aircraft are determined by the legislation of the Republic of Kazakhstan, the rules for transportation of dangerous goods by air on civil aircraft approved by the authorized body in the field of civil aviation, as well as international treaties of the Republic of Kazakhstan.

      5-1. Consignor and consignee have the right for timely delivery of goods by the air carrier to the destination point specified in the documents for air transportation and to ensure its safety.

      In the event of violation of the contract for transportation of cargo, baggage or postal items, the consignor or consignee has the right to demand that the carrier draws up documents on the reasons for non-preservation of cargo, baggage or postal items (commercial act, general act and other documents).

      The consignee has the right to refuse to receive the damaged or defective cargo if it is established that the quality of the cargo has changed so much that it cannot be used for its intended purpose and demand compensation for its loss.

      5-2. Airline that carries out air transportations:

      1) requires passengers and consignors to comply with aviation safety and flight safety regulations, including by organizing and conducting screening;

      2) provides passengers (consignors) with a serviceable aircraft of the appropriate type, a qualified flight crew, safety of transportation and other services in accordance with the legislation of the Republic of Kazakhstan;

      3) complies with the requirements for servicing passengers, consignors, consignees, established by the rules of transportation of passengers, baggage and cargo in air transport;

      4) prepares documents on the reasons for non-preservation of cargo, baggage or mail (commercial act, general act and other documents) at the request of a passenger, consignor or consignee and upon presentation by one of them of shipping documents in case of violation of the contract of transportation of passenger, baggage, cargo or postal items.

      6. Airborne transportation agreement of postal matters, its conditions and acceptance of postal matters for carriage shall be certified by the postal waybill.

      7. Execution of carriage documents shall be carried out by entering necessary data in electronic or paper form of carriage document in manual, automatic or electronic mode.

      Execution of carriage document after booking shall be performed in terms, established by the airline carrier.

      8. Basic types of fees, collected by airline carrier and included in the cost of transportation of passenger, luggage, cargo and postal matters are the airport taxes and fuel surcharges.

      9. Fuel surcharge is a fee, collected by airline carrier for the purpose of compensation of the cost escalation on aviation fuel in the period of validity of the tariff on carriage, upon calculation of which this escalation was not possible for consideration.

      10. Airport tax shall be introduced and collected by the airline carrier for the purpose of compensation of the cost of services for passenger service in the airport.

      11. Information service of passengers in airports and on the board of aerial vehicles shall be carried out in Kazakh and Russian languages.

      Use of other languages shall be allowed additionally.

      Footnote. Article 76 as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 76-1. Use of air transport upon emergency situations of social, natural and technogenic nature, imposition of the state of emergency

      Upon occurrence of emergency situations of social, natural and technogenic nature, as well as imposition of the state of emergency, the air transport shall be used for taking the measures on liquidation of emergency situations and their consequences.

      Airlines (except for representative offices of foreign countries and international organizations with diplomatic immunity) are obliged, based on the decision of the authorized body in the field of civil aviation, at the requests of law enforcement, special state bodies and the Ministry of Defense of the Republic of Kazakhstan, to provide services for transportation of law enforcement and special state bodies personnel to the places of accidents, emergencies and delivery to medical institutions of citizens who need medical care.

      Airline carriers shall be refunded by expenses for rendered services in the cases, provided by this Article, as well as for inflicted harm at the expense of the state budget in the manner, established by civil legislation of the Republic of Kazakhstan.

      Footnote. The Law is supplemented by Article 76-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 03.07.2013 No. 121-V (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 77. Rights and obligations of a passenger

      1. A passenger shall have the right to:

      acquire a ticket on any air route, opened for passenger transportations;

      gain a seat according to acquired ticket;

      carry cabin luggage without payment and luggage within established standards;

      services, provided by this Law and other Laws of the Republic of Kazakhstan upon interruption in transportation due to the fault of carrier or upon delay, cancellation of the flight due to late arrival of aerial vehicle, change of the transportation route;

      to other rights, provided by the legislation of the Republic of Kazakhstan.

      Passengers from among disabled people and low-mobility groups are additionally entitled to carry with them for free as luggage the stretchers and wheelchair intended for personal use.


      2. A passenger shall be obliged to:

      comply with the Rules of transporting passengers, luggage and cargo on aerial vehicle and not to admit the actions, creating threat to the flight operating safety of aerial vehicle;

      not to create obstacles during performance of official duties by aviation personnel;

      incur other obligations in accordance with the legislation of the Republic of Kazakhstan.

      Footnote. Article 77 as amended by the Law of the Republic of Kazakhstan dated 03.12.2015 № 433-V (shall be enforced from 01.01.2016).

Article 78. Unilateral termination of the airborne transportation agreement of a passenger

      1. A passenger shall have the right to refuse from the flight and regain the payment for transportation in amount, established by the airborne transportation agreement.

      2. Airborne transportation agreement may be terminated upon an initiative of airline carriage unilaterally in cases of:

      1) refusal of a passenger from inspection, established by Article 107 of this Law before the flight of aerial vehicle;

      2) violation of the Rules of transportation of passengers, luggage and cargos on aerial vehicle by a passenger and (or) commission of actions by a passenger, creating threat to the flight operating safety of aerial vehicle;

      3) if a passenger is under the influence of alcohol, drug, and (or) substance abuse that may create a threat to health of the passenger himself (herself) or safety of all the persons and property, being on the board, as well as inconvenience to other passengers;

      4) non-fulfillment of the obligations by passengers on the board of aerial vehicle, provided by Article 88 of this Law.

      Condition of alcohol, drug, substance abuse of a passenger shall be confirmed by medical certification in the manner, established by the legislation of the Republic of Kazakhstan.

      3. In case of termination of the airborne transportation agreement, the payment contributed for transportation shall be refunded in the manner, provided by the airborne transportation agreement.

      Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 79. Air routes

      1. Regular and unscheduled commercial airborne transportations shall be carried out on air routes.

      2. Air routes shall be divided into international and internal routes.

      International air routes for carrying out of regular commercial airborne transportations shall be determined in accordance with international treaties of the Republic of Kazakhstan.

      Airline carriers, conforming to the qualifying requirements, established by the rules of admitting the airline carriers to perform the regular internal commercial airborne transportations shall be admitted to perform internal regular commercial airborne transportations.

      2-1. Non-compliance with the qualification requirements established by the rules for admittance of airlines to performance of regular domestic commercial air transportations is the ground for refusing the airline's admittance to regular domestic commercial air transportations.

      If the airline fails to comply with the qualification requirements established by the airlines admittance rules for performance of regular domestic commercial air transportations, the previously issued permit is suspended by the authorized body in the field of civil aviation for up to three months. In the event of non-elimination of violations that were the grounds for suspension, in the period established by this paragraph, the previously issued admission shall be revoked.

      3. Regular transportation by air routes, carried out on the basis of decisions of the Government of the Republic of Kazakhstan or the state body authorized by it, as well as transportations carried out on the basis of decisions of the local executive bodies of oblasts, cities of republican significance and the capital, which do not ensure the level of income necessary for the effective functioning of the air route, are subject to subsidizing from the budget.

      Footnote. Article 79 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 80. Distribution of international and subsidiary air routes for regular airborne transportations

      Footnote. Title of Article 80 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Distribution of international air routes between the airlines of the Republic of Kazakhstan, which are subject to restrictions on the number of air carriers or the frequency of flights under intergovernmental agreements, as well as subsidized (except for intra-regional) air routes for regular air transportations is carried out by the authorized body in the field of civil aviation on a competitive basis. The competition for subsidized intra-regional air routes for provision of services for transportation of passengers, baggage, cargo and postal items is carried out by local executive bodies. Winners of the competition receive certificates for the air route.

      The competition for international air routes is carried out on air routes, which are subject to restrictions on the number of air carriers or the frequency of flights in accordance with intergovernmental agreements, in the following cases:

      1) the opening of a new air route;

      2) distribution of additional frequencies on the existing international air route in accordance with the changes made to the intergovernmental agreement;

      3) distribution of freed frequencies if the air carrier refuses to operate an international air route.

      Airlines that meet qualification requirements established by the rules of competition for international air route and issuance of certificates for air routes for transportation of passengers, baggage, cargo and postal items, as well as the rules for a competition for a subsidized air route and issuance of certificates for air routes for transportation of passengers and baggage, cargo and portal items are permitted to participate in the competition.

      2. The authorized body in the field of civil aviation and local executive bodies within the competence recall the certificates for air routes from the airline in case of non-fulfillment of the operating conditions of the air route.

      3. Conditions of operating the air route mean:

      1) compliance of airline carrier with the schedule that includes the date of beginning of operating the air route, performance of established quantity of regular flights in particular period of time and application of the type aerial vehicles on air route and (or) seat capacity, established by the schedule, with the exception of cases of threatening to the flight operating safety and (or) in consequence ofinsuperable force;

      2) conformance to international treaties on air communication, the participant of which is the Republic of Kazakhstan;

      3) existence of irreducible financial means reserve of the airline carrier, required for ensuring of regular airborne transportations, in accordance with established schedule within one month without consideration of expected income.

      4. Upon revocation of certificate on international or subsidiary air route of the airline carrier, the certificate shall be issued to other participant of a tender, the tender offer of which is recognized as the best after a winner (winners).

      5. For satisfying the need of people in the air communication, the authorized body in the scope of civil aviation shall have the right to issue certificate on international or subsidiary air route to the airline carrier without tendering process on distribution of air routes for operating the air route, need in which is occurred in the period between tenders on distribution of air routes.

      Upon distribution of international or subsidiary air route, the need in operation of which is occurred in the period between the tenders, the certificate shall be issued to all the airline carriers, presenting the applications, under condition of conformity of the airline carrier to qualification requirements, provided by the rules of tendering process on international air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters, as well as the rules of tendering process on subsidiary air route and issuance of certificates on air routes on transportation of passengers, luggage, cargos and postal matters.

      Footnote. Article 80 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 81. Activity of foreign air carriers in the territory of the Republic of Kazakhstan

      1. Foreign air carriers shall carry out their activity in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan and international treaties, the participant of which is the Republic of Kazakhstan.

      2. Foreign carriers planning to perform regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan) are required to pass accreditation in the authorized body in the field of civil aviation.

      3. To pass the accreditation, a foreign air carrier is required to submit to the authorized body in the field of civil aviation the documents on the list in accordance with the rules for accreditation of foreign air carriers in the Republic of Kazakhstan, approved by the authorized body in the field of civil aviation, including:

      1) permission from the state of registration of a foreign air carrier to perform commercial air transportation;

      2) the status of the designated air carrier from the relevant foreign state;

      3) the operator's aviation safety program;

      4) the transfer of information on the issued and (or) booked tickets in the manner prescribed by the legislation of the Republic of Kazakhstan on transport.

      The accreditation documents are reviewed by the authorized body in the field of civil aviation within thirty working days from the date of their receipt.

      According to the results of accreditation, the authorized body in the field of civil aviation issues a certificate of accreditation to a foreign air carrier according to the form established by the rules for accreditation of foreign air carriers in the Republic of Kazakhstan, or a reasoned refusal is given.

      The grounds for refusal to issue a certificate of accreditation are:

      1) failure to provide or incomplete submission of documents on the list in accordance with the rules for accreditation of foreign air carriers in the Republic of Kazakhstan;

      2) presence of inaccurate information or information (documents) with expired validity in the documents submitted to the authorized body in the field of civil aviation.

      Accreditation procedure is determined by the rules of accreditation of foreign air carriers in the Republic of Kazakhstan, unless otherwise stipulated by an international agreement of the Republic of Kazakhstan.

      4. Conditions for granting the right to transport in respect of a foreign air carrier are determined by international air services agreements to which the Republic of Kazakhstan is a party and the legislation of the Republic of Kazakhstan.

      5. Foreign air carriers shall be obliged to provide good and safe food to the crew team and passengers in compliance with the terms of implementation in accordance with the legislation of the Republic of Kazakhstan in the scope of population health and public health system.

      6. Representatives of foreign air carriers in the territory of the Republic of Kazakhstan shall carry out informative service of passengers in Kazakh language.

      Use of other languages shall be allowed additionally.

      Footnote. Article 81 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 82. Performance of aviation works

      1. Aviation works shall be carried out on the basis of agreement between the air operator of civil aerial vehicle and a customer.

      2. The list of aviation works and the requirements for their implementation shall be established by the Rules for performance of flights in the field of civil aviation.

      3. Persons who are not employees of the civil aviation organization, but who are involved in performance of aviation works, do not belong to aviation personnel.

      Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 82-1. Legal status of a single operator for provision of helicopter services

      1. Activity of a single operator for provision of helicopter services is regulated by this Law and other normative legal acts of the Republic of Kazakhstan.

      2. Property of a single operator for provision of helicopter services is formed in accordance with the legislation of the Republic of Kazakhstan.

      3. In order to exercise the powers to provide helicopter services, a single operator for provision of helicopter services is entitled to attract and use any sources of financing not prohibited by the legislation of the Republic of Kazakhstan.

      4. The powers of a single operator for provision of helicopter services include the provision of helicopter services to state bodies and organizations financed from budgetary funds.

      Footnote. Chapter 9 is supplemented by 82-1 in accordance with the Law of the Republic of Kazakhstan dated 04.12.2015 № 435-V (shall be enforced from 01.01.2016).

Chapter 10. RESPONSIBILITY IN THE SCOPE OF AIRBORNE TRANSPORTATIONS Article 83. Responsibility of air carrier for inflicting the harm to life and health of a passenger, caused during airborne transportation

      1. Air carrier shall bear responsibility for inflicting the harm to life or health of a passenger upon airborne transportation, established by the Laws of the Republic of Kazakhstan, unless he (she) proves that the harm is occurred due to insuperable force or intention of injured person.

      Airborne transportation shall cover the period from the moment of loading a passenger on board of aerial vehicle until the moment, when a passenger abandoned the board of aerial vehicle independently from whether the flight of aerial vehicle is committed or not.

      2. Responsibility of air carrier for inflicting the harm to life or health of a passenger, caused during airborne transportation during performance of international flights, shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.

Article 84. Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of luggage, cargo and things being upon a passenger

      The air carrier shall compensate for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, unless he (she) proves that loss, deficiency or damage (destruction) of cargo or luggage occurred not due to his (her) fault, in the following amount for:

      1) loss or deficiency of luggage, cargo, accepted to transportation without declared value – in amount, established by the airborne transportation agreement;

      2) loss or deficiency of luggage, accepted to transportation with declared value – in amount of declared value;

      3) damage of luggage, cargo – in amount of the sum on which the cost of luggage, cargo is reduced, and in case of impossibility of restoration of damaged cargo or luggage – in amount of its cost.

      For loss, deficiency and (or) damage (destruction) of things being upon a passenger, the air carrier shall compensate for harm in amount of the sum, on which the cost of things is reduced, if a passenger proves that the harm is inflicted due to the fault of air carrier.

      Responsibility of air carrier for loss, deficiency and (or) damage (destruction) of registered luggage, cargo, things being upon a passenger upon performance of international flights shall be determined in accordance with international treaties, ratified by the Republic of Kazakhstan.

      If a loss, deficiency and (or) damage (destruction) of luggage, part of cargo or any subject included to them has an impact on the cost of luggage or cargo inscribed to the same luggage ticket or consignment, the total cost of all this luggage and (or) cargo shall be considered upon establishment of the amount for compensation.

      Together with compensation of established harm, occasioned by loss, deficiency or damage (destruction) of cargo or luggage, the air carrier shall return the carriage charge, collected for carriage of lost, deficient, wasted or damaged cargo or luggage to a sender, if this charge is not included to the cost of cargo.

Article 85. Responsibility of the carrier for loss, shortage, damage (harm) and (or) delay in delivery of postal items

      The carrier is liable to the postal operators for loss, shortage, damage (harm) and (or) delay in the delivery of postal items through the fault of the carrier in the amount in which the postal operators are liable to the senders or addressees.

      Footnote. Article 85 in the new wording of the Law of the Republic of Kazakhstan dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 86. Responsibility of air carrier before a passenger upon cancellation or delay of the flight

      1. Upon cancellation or delay of the flight due to the fault of air carrier or delay, cancellation of the flight due to late arrival of aerial vehicle, change of the route for transportation, the air carrier shall be obliged to organize the following services for passengers in the points of departure and intermediate points:

      1) provision (in existence if any) of a room for mothers with children to a passenger with a child under the age of seven years;

      2) two phone calls, as well on international communication lines, with the length of no more than five minutes or two messages via electronic mail upon waiting of flight departure more than two hours;

      3) ensuring of cold drinks upon waiting of the flight departure more than two hours;

      4) ensuring by hot meals upon waiting of the flight departure more than four house and as follows:

      after every six hours – in day time;

      after every eight hours – at night time;

      5) accommodation in hotel, provided by air carrier, upon waiting of the flight departure more than eight hours – in day time and more than six hours – at night time;

      6) delivery by transport, provided by air carrier from the airport to hotel and vice versa in the cases, when the hotel shall be provided without collection of additional payment.

      Services, mentioned in this paragraph shall be provided to passengers without collection of additional payment.

      2. At the choice of passenger, upon cancellation or delay of the flight due to the fault of air carrier for the term of more than ten hours, the air carrier shall be obliged to:

      1) ensure transportation of a passenger by the nearest flight to the point of destination, stated in ticket with provision of services in accordance with paragraph 1 of this Article;

      2) return full cost of the ticket to a passenger.

      3. Carriers who committed violations of the requirements provided for in paragraphs 1 and 2 of this Article shall be liable in accordance with the Code of the Republic of Kazakhstan on administrative offenses.

      Footnote. Article 86 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 87. Compulsory insurance related to civil aviation activities

      Owners (owners) and operators of aircrafts, other objects and civil aviation equipment are obliged to insure their civil liability, including to passengers and aviation personnel, as well as to the cargo owner or consignor in accordance with the requirements of the laws of the Republic of Kazakhstan on insurance.

      Insurance in international air transportations is carried out in accordance with international treaties ratified by the Republic of Kazakhstan.

      Footnote. Article 87 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 11. ACTIONS OR ACTIVITIES AFFECTING FLIGHT SAFETY

      Footnote. The title of chapter 11 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 88. Obligations and actions of persons, being on the board of aerial vehicle on safety ensuring of flights

      1. Persons, being on aerial vehicle as passengers shall:

      1) perform the requirements of commander of aerial vehicle and other members of crew team unconditionally, as well as actions, mentioned on display boards;

      2) place cabin luggage and personal things on the specifically designated locations;

      3) fasten safety harnesses of passenger seat upon the order of commander of aerial vehicle or upon initiation of information signs binding to perform the mentioned actions;

      4) comply with the discipline and order on the board of aerial vehicle within the whole flight.

      2. Persons, being on the board of aerial vehicle, as well as persons to which it belongs, shall be prohibited to interfere to the actions of crew team, require the change of plan and procedure for performing the flight or non-performance of instructions of the air traffic support bodies or air traffic control bodies.

      3. Persons who are on board an aircraft as passengers shall be prohibited from:

      1) creating situations that threaten flight safety;

      2) threatening crew members;

      3) is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication);

      4) using cellular, trunking communication services at all stages of flight, radio electronic means and high-frequency devices for domestic use during taxiing, climbing, approach to aircraft landing, except for the use of cellular communication and radio electronic means on board an aircraft in an autonomous "airplane" mode.

      Footnote. Article 88 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.10.2015 № 363-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 89. Situations, created by persons on the board of aerial vehicle, threatening to the flight operating safety

      The situations, created by persons on the board of aerial vehicle, threatening the flight operating safety, mentioned in subparagraph 1) of paragraph 3 of Article 88 shall include:

      commission of the act of violence on board of aerial vehicle with creation of a threat to life or health of people and safety of aerial vehicle, being in flight;

      infliction of damage to aerial vehicle and its equipment ensuring the safety performance of the flight;

      purposefully giving false information creating a threat to safety of aerial vehicle in flight;

      commission of action, leading to placing device or substance on aerial vehicle that may destruct aerial vehicle or inflict damage to it, threatening its safety in flight;

      approaches of opening the doors and (or) emergency exits of aerial vehicle, with the exception of cases of occurrence of emergency situation on board of aerial vehicle;

      consumption of tobacco products.

      Footnote. Article 89 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 90. Activity that may constitute a threat to the flight operating safety

      1. Activity that may pose a threat to flight safety includes construction of facilities, power lines, other obstacles located on the near-aerodrome territory and on the territory within the airways; works, as a result of which the electromagnetic, light, acoustic, corpuscular and other types of radiation are produced in airspace; placement of objects leading to mass crowding of birds or deterioration of flight visibility, as well as any other activities not directly related to the use of airspace, but affecting the safety of flights, equipment of aircraft and people on them.

      Such activity may be carried out only with permit, issued in accordance with the Rules of issuing the permits for carrying out of activity that may constitute a threat to the flight operating safety of aerial vehicles.

      2. Receipt of permit shall be required for the placement:

      1) of all the objects in the area of aerodrome, the height and location of which are determined in recognition of safety ensuring of flights in the Rules of issuance of permits for carrying out of the activity that may constitute a threat to the flight operating safety of aerial vehicles;

      2) communication lines, power transmission lines, as well as other objects of radio, electro-magnetic and luminous radiation that may create noises for normal performance of aviation radio-technical facilities and lighting facilities;

      3) explosive objects;

      4) torches for emergency cut gas burning.

      Upon determination of the height of torches, the maximum possible height of ejection of flame shall be considered;

      5) industrial, other enterprises and structures, the activity of which may lead to visibility deterioration in the areas of aerodrome (helicopter aerodrome).

      3. Placement of facilities specified in paragraph 2 of this Article shall be carried out in accordance with the permissions, issued by local executive bodies or by the authorized body in the field of state aviation.

      4. Placing the places of waste food release, construction of fur farms, slaughter houses and other objects, distinguished by attracting and mass flock of birds shall be prohibited in the distance less than fifteen kilometers from the aerodrome check point.

      5. Individuals and legal entities that have committed violations of the rules for carrying out activities that pose a threat to flight safety are obliged to eliminate these violations at their own expense and on their own, and, before their elimination, to stop implementation of such activities.

      6. For exclusion of the cases of indeliberate takeoff of aerial vehicles in the area of carrying out the activity, constituting a potential threat to their safety, individuals and legal entities, carrying out such activity shall be obliged to notify the authorized bodies in the scopes of civil and state aviation on the mentioned activity in accordance with the Rules of using the air space of the Republic of Kazakhstan.

      7. Control and supervision of carrying out such activity shall be performed by the bodies in the scopes of civil and state aviation within their competence and zones of responsibility.

      8. Production of all the types of repair, construction and assembly works within the territories of airports may be suspended by the bodies of national security or Safeguard Service of the President of the Republic of Kazakhstan in the period of conducting protection measures.

      Footnote. Article 90 as amended by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 91. Marking of objects, constituting a threat of the flight operating safety

      1. Owners of buildings and constructions shall be obliged to place night and day identification marks and devices at their expense in accordance with the Rules of issuing the permits for carrying out the activity that may constitute a threat to the flight operating safety of aerial vehicles, operational suitability standards of civil aerodromes of the Republic of Kazakhstan for the purpose of safety ensuring of the flights.

      Placement of any other marks and devices, similar to identification marks and devices, accepted for aerodrome identification in the area of aerodrome shall not be allowed.

      2. Control of carrying out of marking the objects in the area of aerodrome shall be imposed on the authorized bodies in the scopes of civil and state aviation within their competence and zones of responsibilities.

Chapter 12. AVIATION ACCIDENTS AND INCIDENTS AND THEIR INVESTIGATION Article 92. Aviation accidents and incidents

      1. Aviation accident in the state aviation shall be recognized as the occasion, linked with the flight operation of aerial vehicle that lead to death incident (bodily damage with fatal consequence) of people, being on the board of aerial vehicle, and (or) loss of this aerial vehicle.

      2. Aviation accident in civil (experimental) aviation shall be recognized as aviation occasion, linked with the use of civil aerial vehicle, with intent to commit a flight which in case of pilot-controlled aerial vehicle takes place from the moment, when any person boarded a vessel with intent to commit the flight until the moment, when all the persons being on board for the purpose of commission of the flight abandoned the aerial vehicle, or in case of unpiloted aerial vehicle takes place from the moment, when aerial vehicle is ready to start the action for the purpose of committing the flight, until the moment of its stoppage in the end of flight and turnoff of the main engine installation and in the course of which:

      1) any person receives fatal injury or serious injury to health, as well as moderate damage to health as a result of being in this aircraft, direct contact with any part of the aircraft, including parts that have separated from the aircraft, direct exposure to the gas streams of the jet engine, except in cases where physical injuries are received as a result of natural causes, are self-inflicted or inflicted by other persons or when physical injuries are inflicted by stowaways hiding outside the areas that are normally available to the passengers and crew members;

      2) aerial vehicle suffers damage, or destruction of its construction is happened, as a result of which the strength of construction is disrupted, technical or air characteristics of aerial vehicle are deteriorated, the major repair or change of damaged element shall be required, with the exception of cases of:

      refusal or damage of engine, when only one engine, its cowl panel or ancillary components are damaged;

      damages of only the air propeller, rotor blades, tail rotor blades, non-bearing elements of air frame, fillet fairings, winglet, aerial wire, transducer units, inlet guide vanes, tires, brake gears, facial windscreens, wheels or when landing wheels, landing gear panel are inessentially damaged or when there are small bents or puncture hole in the skin, as well as inessentially damages, occasioned by hail precipitation or bird collisions (including puncture holes in the aerial fairing of radio detector);

      damages of other elements, not violating the general strength of construction;

      damages of the elements of lifting and anti-torque propellers, hubs of lifting and anti-torque propeller, transmission gears, damage of fan system or gear case, if these cases do not lead to damages or destructions of bearing member of fuselage (beams), damages of skin of the fuselage (beams) without damage of bearing members;

      3) aerial vehicle is missing or occurs in the place, where access to it is absolutely impossible.

      3. Aviation incident in the state aviation shall be recognized as occasion, linked with the flight operation of aerial vehicle that might create or created a threat to integrity of aerial vehicle and (or) life of people, being on its board, but not finished as aviation accident.

      4. Aviation incident in civil (experimental) aviation shall be recognized as occasion, linked with use of civil aerial vehicle that takes place from the moment when any person boarded a vessel with intent to commit the flight before the moment, when all the people, being on board abandoned the aerial vehicle for the purpose of commission of the flight, and conditioned by deviants from normal functioning of aerial vehicle, crew team, management services and ensuring of the flights, influence of external environment that may have an impact on the flight operating safety, but not finished as aviation accident.

      Footnote. Article 92 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 93. Investigation of aviation accident or incident

      1. Aviation situation or incident with aerial vehicle of the Republic of Kazakhstan or with aerial vehicle of foreign state in the territory of the Republic of Kazakhstan shall be subject to compulsory investigation.

      2. Objectives of investigation of an aviation accident or incident are to determine the causes of the event and (or) the contributing factors, develop recommendations for prevention of future accidents and incidents and ensure safety.

      Ascertainment of someone’s guilt and responsibility is not a purpose for investigation of aviation accident or incident.

      In civil and experimental aviation, an investigation of an accident or incident is carried out by a commission established by the authorized body in the field of civil aviation.

      Certain types of incidents, the list of which is established by the rules for investigation of accidents and incidents in civil and experimental aviation, are independently investigated by operators (civil aviation organizations) within the framework of flight safety management systems. Such investigations shall be conducted by decision of the authorized body in the field of civil aviation in the manner and within the time limits established by the rules for investigation of accidents and incidents in civil and experimental aviation. Upon completion of investigation, the final report is submitted by operators (civil aviation organizations) to the authorized body in the field of civil aviation.

      In state aviation, an investigation of an aviation accident or incident is conducted by a commission established by the authorized body in the field of state aviation.

      3. The powers of the commission to investigate an aviation accident or incident, as well as the procedure for investigation of an aviation accident or incident in civil and experimental aviation, shall be determined by the rules for investigation of aviation accidents and incidents in civil and experimental aviation approved by the authorized body in the field of civil aviation.

      The powers of the commission to investigate an aviation accident or incident, as well as the procedure for investigation of an aviation accident or incident in state aviation are determined by the rules for investigation of aviation accidents and incidents in state aviation in the Republic of Kazakhstan, approved by the authorized body in the field of state aviation.

      When organizing investigations, intervention in the activity of the commission for the investigation of accidents or incidents by physical and (or) legal entities, other state bodies is not allowed, with the exception of cases directly stipulated by the laws of the Republic of Kazakhstan.

      The commission for investigation of an aviation accident or incident should be guided by the principles of objectivity and impartiality in the conduct of an investigation. For the purposes of independent investigation, a commission for investigation of an aviation accident or incident is formed taking into account elimination of a conflict of interest.

      4. Aviation accident or incident, happened with foreign aerial vehicle in the territory of the Republic of Kazakhstan shall be subject to investigation by commissions of the authorized bodies in the scopes of aviation or shall be investigated by foreign state of the registration country of aerial vehicle (air operator) by mutual agreement.

      5. Conditions and procedure for participation of representatives of the Republic of Kazakhstan in conduct of investigations of aviation accidents and incidents by foreign states with civil aerial vehicles of the Republic of 5. In the event that an aviation accident or incident occurred on the territory of a foreign state with an aircraft of civil aviation registered in the State register of civil aircraft of the Republic of Kazakhstan or its operator is an individual or legal entity of the Republic of Kazakhstan, the authorized body in the field of civil aviation performs actions in accordance with the standards and recommended practices of the International Civil Aviation Organization (ICAO) and the rules of investigation of aviation accidents and incidents in the field of civil and experimental aviation.

      6. During the investigation, information about the aviation event is limited only to actual data. Except for the cases established by the Law of the Republic of Kazakhstan "On Access to Information", the information is not made public, containing:

      1) information from individuals or legal entities, state bodies obtained during the investigation;

      2) information on correspondence between persons related to the operation of the aircraft;

      3) medical data and (or) biometric and (or) personal data relating to persons who are participants in an aviation accident or incident;

      4) recording of flight recorders and decoding of such records;

      5) recording and decoding of records of air traffic services units or air traffic control;

      6) recording of visual situation in the crew cab and any part or decoding of such records;

      7) opinions (versions, statements) of the members of the commission or experts involved, or the authorized representatives of the foreign state of registration of the aircraft (operator, developer or manufacturer) in the analysis of information related to the investigation, including recording of flight recorders.

      The information specified in this paragraph is included in the final report or is added to it only if it relates to the analysis of an aviation accident or incident. Parts of the records that are not relevant to this analysis are not made public.

      7. Individual and legal entities, state bodies are obliged to submit information and (or) documentation relevant to the investigation at the request of the commission on investigation.

      8. Investigations of aviation accidents and incidents conducted by the authorized bodies in the field of civil and state aviation are independent from investigations conducted by law enforcement, special and other state bodies of the Republic of Kazakhstan.

      Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 № 239-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 93-1. Investigator-in-charge

      1. An investigator-in-charge is the official of the authorized body in the field of civil aviation who has completed initial training and is entrusted with the organization and conduct of investigations into aviation accidents and incidents in the field of civil aviation as part of a commission for investigation of an aviation accident or incident.

      When organizing investigations, it is not permitted to interfere in the activities of the investigator-in-charge by individual and (or) legal entities, other state bodies, except in cases directly provided by the laws of the Republic of Kazakhstan.

      2. The investigator-in-charge plans, conducts and coordinates the investigation of an aviation accident or incident and all aspects related to it at the scene and during the investigation.

      The investigator-in-charge is responsible for investigation of aviation accidents or incidents in accordance with the legislation of the Republic of Kazakhstan.

      3. The investigator-in-charge in performance of his duties has the right:

      1) to draw up a plan of interaction with representatives of other state bodies to ensure independence and objectivity of the investigation, as well as to avoid losing or changing the evidence relevant to his investigation;

      2) unimpeded access to the place of an aviation event and to all documentation related to the operation of the aircraft, aviation personnel involved in its maintenance and flight support, to conduct an inspection and further inspection of the scene, objects and debris, spare parts and any other facilities that are the cause or could contribute, affect the occurrence of an accident or incident;

      3) to coordinate in the search, recovery, extraction, reading of data of onboard recorders or any other media device on board the aircraft, as well as the records of air traffic services units and full control over preservation of the received data. Extracting and reading the recordings of onboard recorders should be made without any delay using the appropriate means in the Republic of Kazakhstan or the means of competent bodies for investigating aviation accidents or incidents of foreign states;

      4) to question eyewitnesses, aviation personnel and other persons involved in an aviation accident or incident, appoint the research and tests necessary to determine the causes of the aviation accident or incident and / or the contributing factors;

      5) to involve experts in the work, to request their reports related to the investigation of an aviation accident or incident;

      6) in agreement with the operator, to be on board a civil aircraft during a flight with the right to be in the crew cab and the cabin of the aircraft.

      4. The investigator-in-charge, when investigating aviation accidents or incidents of civil and experimental aviation is obliged:

      1) to observe the legislation of the Republic of Kazakhstan;

      2) to timely and fully implement the powers granted in accordance with the laws of the Republic of Kazakhstan to investigate aviation accidents or incidents of civil aviation;

      3) to arrive at the scene of an aviation accident or incident, to organize and conduct investigations of aviation accidents or incidents of civil aviation in accordance with this Law, the rules for investigation of aviation accidents and incidents in the field of civil and experimental aviation and the standards of the International Civil Aviation Organization (ICAO);

      4) to have a certificate, authorizing to organize and conduct works on investigation of aviation accidents and incidents in civil aviation, in the form prescribed in the rules for investigation of aviation accidents and incidents in the field of civil and experimental aviation.

      5. Civil servants who are investigators-in-charge shall be provided with a monetary allowance established on the basis of a single system of remuneration of employees of the bodies of the Republic of Kazakhstan held at the expense of the state budget.

      The monetary allowance includes the monetary maintenance (official salary), extra charges for special working conditions and other premiums and bonuses established by the legislation of the Republic of Kazakhstan.

      Footnote. Chapter 12 is supplemented by 93-1 in accordance with the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 94. Classification and registration of aviation accidents or incidents

      1. Classification and registration of aviation accidents or incidents shall be carried out by the authorized bodies, on which these powers are imposed in civil, experimental or state aviation.

      2. Classification and recording of aviation accidents or incidents are determined by the rules for investigation of aviation accidents and incidents.

      3. Information reports on aviation accidents, happened with aerial vehicles with maximum certified weight more than two thousand two hundred and fifty kilograms and (or) aircrafts with turbojet engine shall be directed to the International Civil Aviation Organization (ICAO).

      4. For registering the aviation accidents or incidents, the authorized bodies in the scopes of civil and state aviation shall create the system of representing the data on aviation accidents or incidents for the purpose of assistance of collecting information on factual or potential deficiencies in the safety ensuring of flights.

      The procedure for creating this system is determined by the rules for investigation of aviation accidents and incidents and instructions for managing the flight safety of civil aircraft operators, at airports, for servicing air traffic, and for technical maintenance of aircraft.

      Footnote. Article 94 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 95. Preservation of material evidence

      An aircraft, its components, on-board and ground objective control devices, all items on the aircraft, as well as the territory and objects on it affected by an aviation accident or incident, all documentation relating to the production, repair and operation of the aircraft and ensuring its flight, shall be preserved by individual and legal entities in full integrity until the arrival of the members of the commission for investigation of this aviation accident or the investigator-in-charge, as well as the authorized representative of a foreign state of registration of the aircraft (operator, developer or manufacturer), if such state has announced its intention to participate in the investigation, except for the cases provided for in Article 101 of this Law.

      Preservation of material evidence includes the preservation by photographing or other appropriate means of any physical evidence that can be seized, damaged, lost or destroyed. Protection includes preservation from further damage, penetration of unauthorized persons, theft and spoilage.

      Footnote. Article 95 in the new wording of the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 96. Work at the place of aviation accident

      Investigation, conducted at the place of aviation accident shall be related to the category of works in special conditions, equated to the works on liquidation of consequences of natural disasters.

      Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to provide possible assistance of commission on investigation of aviation accident.

Article 97. Financing of works, linked with investigation of aviation accident and procedure for compensation of expenses

      All the works, linked with investigation of aviation accident shall be financed by the air operator.

      Researches and tests, linked with investigation of aviation accident, conducted by scientific and research, constructive, repair and industrial organizations shall be financed by these organizations with the following compensation for expenses by the air operator.

Chapter 13. SEARCH AND RESCUE OF AERIAL VEHICLES, THEIR PASSENGERS AND CREW TEAM MEMBERS Article 98. Organization of search and rescue of aerial vehicles, their passengers and crew team members

      1. Organization of search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members shall be carried out in accordance with the Rules of organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan, developed in accordance with the International Civil Aviation Organization standards and approved by the Government of the Republic of Kazakhstan.

      Rules on organization of search and rescue support of the flights in the territory of the Republic of Kazakhstan shall contain:

      1) procedure for alarm reporting, scheme of organizing the search and rescue of aerial vehicles, suffering or suffered disaster, as well as their passengers and crew team members;

      2) requirements to personnel and fitting with all necessary equipment and communication facilities of air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles;

      3) procedure for development, coordination and approval of the plan for conducting the search and rescue operations;

      4) distribution of responsibility and organization of measure between all the state bodies, air traffic support bodies, air traffic control bodies, search and rescue teams, accident rescue services of the state bodies, air operators of aerial vehicles and airports that form jointly the search and rescue service in the territory of the Republic of Kazakhstan;

      5) procedure for compensation for expenses to organizations of civil aviation upon carrying out of search and rescue operations (works) by them and participation in their ensuring.

      1-1. Ensuring of stand-by duty of search and rescue aerial vehicles in civil aviation shall be carried out at the expense of fees for aeronautical maintenance.

      2. Works on search and rescue of aerial vehicles of all the states, passengers and crew team members shall be carried out in the territory of the Republic of Kazakhstan at the expense of state budget.

      3. Is excluded by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

      4. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, organizations shall be obliged to provide any possible assistance in conducting the search and rescue of aerial vehicle and adopt necessary measures on rescuing people before arrival of search and rescue bodies, render medical and other aid to them, as well as protection of aerial vehicle and documentation, equipment and property being on its board.

      5. Upon organization and carrying out of aviation search and rescue works, the efforts and means of state bodies (enterprises) shall be engaged and used in accordance with their competence and charter, as well as crew teams of aerial vehicles, being in the district of search and rescue.

      6. For rendering necessary aid to aerial vehicle, suffering or suffered disaster, the territory of the Republic of Kazakhstan may allow:

      1) search and rescue efforts and means of other states;

      2) owners and air operators of these aerial vehicles;

      3) powers of the state, in which aerial vehicles are registered, suffering or suffered disaster.

      Conditions of such allowance shall be established by the Rules of using air space of the Republic of Kazakhstan and Rules on organizing search and rescue support of flights in the territory of the Republic of Kazakhstan.

      Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated 04.07.2013 No. 132-V (shall be enforced from 01.01.2014); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 99. Actions of crew team of aerial vehicle, suffering or suffered disaster

      1. The crew of an aircraft that is in distress or suffered a disaster must take measures in accordance with the Rules for organization of search and rescue support for flights in the territory of the Republic of Kazakhstan and other possible measures to save life and health of people and preserve property, including aircraft.

      2. Crew team of aerial vehicle, suffered disaster shall be obliged to take all possible measures on rescue and safety ensuring of people, property being on board, preservation of aerial vehicle itself before delegating own powers to the representatives of the authorized body in the scope of civil defence. All the crew team members of aerial vehicle shall be obliged to take participation in rescuing people, property and aerial vehicle.

      3. Commander of aerial vehicle, suffering or suffered disaster shall manage the actions of persons, being on board of this vessel, before arrival of representatives of the authorized body in the scope of civil aviation.

      Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 100. Informing on aerial vehicles, suffering or suffered disaster

      1. Air traffic service units, air traffic control, aero-clubs when obtaining information about an aircraft that is in distress or suffered a disaster, as well as any other information about people at risk, are obliged to take all possible measures to provide the necessary assistance in the manner determined by the Rules for organization of search and rescue support for flights on the territory of the Republic of Kazakhstan, and, in accordance with the search and rescue plan, immediately inform the search and rescue teams of state bodies, aircraft operators, as well as notify the authorized bodies in the field of civil and state aviation to organize an investigation of an aviation accident or incident within their competence.

      2. Local executive bodies of regions, cities of republican significance and the capital, districts, cities of regional significance, individuals and legal entities shall be obliged to inform immediately the authorized body in the scope of civil defence or the nearest aerodrome about all the cases of disaster of aerial vehicles known to them.

      Footnote, Article 100 as amended by the Law of the Republic of Kazakhstan dated 11.04.2014 No. 189-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 101. Accident rescue operations

      1. Conduct of search and rescue works on aerodrome and aerodrome environs shall be carried out in accordance with the Rules of search and rescue support of flights in airports of the Republic of Kazakhstan by efforts and means of possessors or owners of aerodromes at the expense of air operator, the aerial vehicle of which is suffered disaster.

      2. If aerial vehicle suffered disaster or its parts impede the movement of railway, motor, water transport or flights of aerial vehicles, the head of rescue works shall be obliged to adopt measures on transfer of aerial vehicle (its parts) for the purpose of recovery of movement of transport means or flights, recording preliminarily their location and overall condition.

Article 102. Termination of search of aerial vehicle, its passengers and crew team

      1. In the cases, when measures adopted for research did not have an effect, the decision on termination of search of aerial vehicle, suffered disaster shall be adopted by a chairman of commission on investigation in coordination with the owner of aerial vehicle and head of research and rescue team.

      Decision on termination of searching the aerial vehicle, suffered disaster may be adopted only if there are reasonable grounds to suppose that the further search will not lead to detecting the aerial vehicle by available research and rescue efforts and means and rescuing surviving people.

      2. Decision on termination of search of aerial vehicle, suffered disaster may be appealed by the owner of this aerial vehicle in a judicial proceeding.

      3. Aerial vehicle, the search of which is terminated in accordance with this Article shall be considered as missing.

      Recognition of crew team members and passengers of missing aerial vehicle as missing or declaring them decedent shall be performed in the manner, established by the legislation of the Republic of Kazakhstan.

Article 103. Search and rescue of aerial vehicle beyond the boundaries of the territory of the Republic of Kazakhstan

      Search and rescue of aerial vehicles of the Republic of Kazakhstan, suffering or suffered disaster beyond the boundaries of the Republic of Kazakhstan shall be carried out in recognition of requirements of this Law in accordance with the rules of performing search and rescue works of the state, in the territory of which these works are performed, and international treaties, ratified by the Republic of Kazakhstan.

Article 104. Equipping aerial vehicles and training of crew team in the case of disaster

      1. Aerial vehicles shall be equipped by airborne life-saving equipment and emergency locator transmitters for search and rescue, the list of which shall be determined in accordance with the air worthiness of civil aerial vehicles, depending on the type of aerial vehicle and district of flight, and for aerial vehicles of the state aviation by the authorized body in the scope of civil aviation.

      2. All crew team members of aerial vehicle shall be obliged to undergo special training program of search and rescue training and rendering of assistance to passengers upon occurrence of emergency situation on the board of aerial vehicle.

      3. Passengers shall be instructed compulsorily by the crew team on the actions in such situation and rules of using individual and airborne life-saving equipment.

      Information for passengers shall be provided in Kazakh and Russian languages. Application of visual information shall be allowed.

Chapter 14. AVIATION SECURITY Article 105. Ensuring of aviation security

      1. Operators of aerodromes (heliports), aircraft operators are obliged to take measures to protect civil aviation from acts of unlawful interference in its activities in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      The act of unlawful interference in the activities of civil aviation is an act or attempt to commit an act that poses a threat to the security of civil aviation on land and in the air, namely:

      illegal seizure of aircraft;

      destruction of the aircraft in service;

      hostage taking on board an aircraft or at aerodromes;

      violent entry to the aircraft, to the airport (aerodrome) or to the location of an air navigation facility or service;

      placement of a weapon, a dangerous device or material intended for criminal purposes on board an aircraft or at the airport;

      the use of an aircraft in service to cause death, serious injury or substantial damage to property or the environment;

      the reporting of false information that endangers the safety of an aircraft in flight or on land, the safety of passengers, crew members, ground personnel or the public at the airport or at the location of a civil aviation facility or service.

      1-1. Air operators of airports and airline carriers shall have the right to acquisition, storage and use of service weapons and ammunition to them in accordance with the legislation of the Republic of Kazakhstan.

      1-2. Civil aviation organizations develop and adopt aviation security programs that provide for measures and procedures for preventing and counteracting acts of unlawful interference developed in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      2. Protection of civil aviation from the acts of unlawful interference in its activity shall be ensured by:

      1) prevention of access of unauthorized persons and vehicles to the airport controlled zone, including the protected areas of limited access of the airport and on board the aircraft.

      The protected zone of limited access is the zones intended for departing commercial aviation passengers from the points of inspection and to the aircraft, as well as the apron, the baggage handling areas, including the service areas of the aircraft, where the checked baggage and cargo, cargo warehouses, mail processing centers, premises for flight catering services and aircraft cleaning are located in the airport's controlled area;

      2) protection of aerial vehicles on parking points, excluding the possibility of entering of unauthorized persons into aerial vehicles;

      3) exclusion of possibility of unlawful carriage of weapons, ammunition, explosive, radioactive, poisonous, highly flammable and other dangerous substances and subjects, prohibited to transporting on aerial vehicles;

      4) introduction of special measures of precaution upon carriage of weapons and ammunition, ensuring their transportation in luggage in discharged state, in partitions of aerial vehicles isolated from the passengers;

      5) special inspections of aerial vehicles in special cases;

      6) equipping aerial vehicles by technical devices, ensuring safety working of the crew teams in flight, as well as excluding the unlawful use of aerial vehicle;

      6-1) prevention of illegal entry on-board an aircraft, to the airport or to the location of an air navigation facility and other facilities;

      6-2) the necessary security measures in the areas of common access to air terminals and the adjacent territory;

      7) specifically developed authorized body in the scope of civil aviation and state bodies within their competence in ensuring of aviation security by the counter measures of unlawful interference in the aviation activity, as well as by other measures, ensuring aviation security.

      2-1. If aerial vehicle is subject to the act of unlawful interference, the commander of aerial vehicle shall carry out the attempt to perform landing on acceptable aerodrome as soon as practicable, determined by the authorized body in the scope of civil aviation in accordance with the Rules of aviation security, if the situation on board of aerial vehicle does not require otherwise.

      3. Air operators of aerial vehicles shall ensure existence of Instruction on board of aerial vehicle for crew teams of civil aerial vehicles on the actions in emergency situations, approved by the authorized body in the scope of civil aviation.

      3-1. It is prohibited for an unauthorized person to illegally enter on board an aircraft during arrival, departure and during parking.

      4. Air control and supervision of compliance with the Laws, rules and procedures, ensuring the protection of civil aviation of the Republic of Kazakhstan from the acts of unlawful interference shall be carried out by the authorized body in the scope of civil aviation jointly with other state bodies in accordance with their competence.

      4-1. The authorized body in the field of civil aviation annually adopts a program to ensure the continuous supervision of aviation security, which means a set of measures aimed at conducting inspections, tests and reviews in civil aviation organizations for compliance with the requirements of the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities in terms of ensuring aviation security.

      5. Conduct of control and supervision of the quality of aviation security measures, mentioned in paragraph 2 of this Article shall be carried out by:

      1) planned verifications with regularity no less than once a year and unscheduled verifications of the air operators of aerodromes (helicopter aerodromes) and air operators of civil aerial vehicles of the Republic of Kazakhstan and air operators of civil aerial vehicles of foreign states, performing regular flights to the airports of the Republic of Kazakhstan;

      2) official experiments, conducted by the bodies of national security;

      3) internal verifications on aviation security by the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      4) certification procedure of organizing the inspection by aviation security service of the airport;

      5) conduct of selecting the specialists, carrying out control and supervision of the quality of aviation security measures;

      6) conduct of analysis of the aviation security state, including detecting defects and adoption of measures on their elimination;

      7) testing of the aviation security system;

      8) conducting reviews of the state of aviation security.

      6. Verifications of air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles shall be conducted for determination of their ability to ensure protection of people, aerial vehicles, objects of civil aviation, radio navigation facilities, equipment, located in the controlled area of airport, from the acts of unlawful interference.

      7. Selective inspections are conducted taking into account the assessment of threats and traffic volume through the airport or by operators of civil aircraft, as well as the previously identified violations in the field of aviation security.

      8. Requirements on conduct of official experiment:

      1) official experiment shall imitate the act of unlawful interference, able to violate continual activity of civil aviation organizations and check the quality of ensuring aviation security of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      2) conduct of official experiment shall not impose a threat to lives of people and safety of aerial vehicles, aviation equipment and other objects, being in the controlled area of airport;

      3) official experiment shall not inflict material harm to the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles, other individuals and legal entities and shall not influence on continual activity of the civil aviation organizations;

      4) official experiment shall be carried out under permanent control of representatives of the bodies of national security, head of experiment and head of the aviation security service of the air operators of aerodromes (helicopter aerodromes) and civil aerial vehicles;

      5) exclude the application of force and other methods of avoidance of detention and performance of requirements of the representatives of aviation security service or state bodies, participating in official experiment by participants of experiment.

      9. Operators of airports, aerodromes (heliports) and civil aircraft take internal measures to control the quality of aviation security, which include internal audits, inspections, surveys, and reliability checks. The measures are taken by the internal auditor (expert) of quality control on the basis of the internal quality control program for aviation security, developed in accordance with the Rules for conduct of quality control for compliance with aviation security.

      10. Tests of the aviation security system and reviews of the state of aviation security are conducted by the authorized body in the field of civil aviation in accordance with the Rules for conduct of quality control for compliance with aviation security.

      Footnote. Article 105 as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 106. Aviation security services

      1. An airport and airline performing regular air transportations, as well as air navigation service providers, should have in their structure an aviation security service, equipped with the necessary technical means and personnel, to protect civil aviation from the acts of unlawful interference.

      Air operator performing the aviation works and unscheduled airborne transportations shall have responsible person on aviation security in its structure.

      1-1. Employees of aviation security service of airports and airline carriers shall have the right to application, storage and bearing of service weapons and ammunition to it in accordance with the legislation of the Republic of Kazakhstan.

      2. A citizen of the Republic of Kazakhstan, who is directly subordinate to the first head of the airport, the airline performing regular air transportations and who is his deputy appointed by agreement with the national security bodies of the Republic of Kazakhstan, may be the head of the aviation security service of the airport, the airline performing regular air transportations, who have passed training and allowed to work in accordance with the training and retraining program for aviation security.

      Heads of the aviation security service of airlines carrying out transportation of the President of the Republic of Kazakhstan and other protected persons are appointed in agreement with the State Security Service of the Republic of Kazakhstan.

      Responsible person on aviation security of the air operator, performing the unscheduled airborne transportations and aviation works may be only the citizen of the Republic of Kazakhstan, immediately subordinated to the chief executive officer of air operator, appointed in coordination with the bodies of national security.

      3. Personal responsibility for ensuring aviation security shall be imposed on:

      1) the first head of the organization, which is the airport operator, and his deputy - the head of the aviation security service of the airport;

      2) the first head and his deputy - the head of the aviation security service of the airline performing regular air transportations;

      3) chief executive officer and responsible person on aviation security of the air operator of aerial vehicles, performing the unscheduled airborne transportations and (or) aviation works;

      4) owner of aerial vehicle, related to the air operators of general aviation;

      5) the first head of the body and the head of the aviation security service of the air navigation service provider.

      4. Activity of the aviation security services of civil aviation organizations shall be carried out in cooperation with the authorized body, bodies of national security, law enforcement and other state bodies of the Republic of Kazakhstan in accordance with their competence.

      5. The aviation security service shall not admit the persons, having record of conviction that is not removed from official records or not expunged in the manner, established by the Law as for the date of acceptance for employment.

      Footnote. Article 106 as amended by the Laws of the Republic of Kazakhstan dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2013 No. 132-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2014 № 233-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 107.Inspection

      1. For the purpose of safety ensuring of passengers and crew team members of aerial vehicle, the aerial vehicle, its onboard resources and food, crew team members, passengers, luggage, cabin luggage, including the things, being upon passengers, as well as cargos and postal matters shall be subject to compulsory pre- flight inspection.

      2. Pre-flight inspection of passengers, baggage, hand luggage, including things, held by passengers, crew members, civil aviation personnel, personnel of onboard reserves and on-board catering, cargo and postal items and all persons visiting the airport controlled area, is conducted by inspectors of the aviation security inspection, who have undergone appropriate training under the programs and obtained permission from the authorized body in the field of civil aviation to work in accordance with the program of training and retraining in aviation security.

      Air operators of aerial vehicles shall answer for conducting pre-flight inspection of own aerial vehicles.

      Inspection in flight shall be performed by crew team member appointed by commander of aerial vehicle.

      Special inspection of aerial vehicle in airports shall be carried out by the personnel of aviation security service of airport with engagement of crew team members (maintenance personnel) and state bodies in accordance with their competence.

      3. On the unclassified aerodrome, temporary aerodrome, landing place on which there is aviation security service, the conduct of pre-flight inspection shall be imposed on the crew team of aerial vehicle.

      4. Proposal for passenger to present possibly available dangerous substances and subjects, established by the list of hazardous substances and subjects, as well as all the types of drugs, prohibited for passengers to carriage on civil aerial vehicles shall precede the inspection of cabin luggage, luggage and personal inspection of passengers.

      Verification of documents, certifying identity of a passenger shall be conducted upon inspection with carriage documents.

      Passengers, evading from inspection of cabin luggage, luggage and personal inspection shall not be allowed for transportation.

      Responsibility for organizing the inspection shall be borne by the heads of airports and heads of aviation security service.

      5. On aerial vehicle, from the moment of closing all its doors after loading and until the moment of opening any of these doors for unloading, inspection may be performed independently from the agreement of a passenger.

      6. Upon inspection, technical means, the requirements of which shall be established by the Government of the Republic of Kazakhstan shall be applied.

      In a capacity of additional measures on ensuring of aviation security, the selective personal inspection of passengers and inspection of their cabin luggage and luggage may be performed by hand.

      Personal inspection of passengers and inspection of their cabin luggage and luggage by hand shall be carried out within the ambits, required for detecting the substances and subjects, prohibited for carriage on aerial vehicle, in accordance with the Rules of aviation security.

      For the purpose of detecting tools or subjects of committing administrative infraction, the personal inspection shall be performed by civil servants, listed in the Code of the Republic of Kazakhstan “On administrative infractions”.

      For the purpose of detecting all available substances and subjects prohibited for carriage on civil aerial vehicles by passengers and crew team members, personal inspection shall be performed by the specialists of aviation security service of airport.

      Personal inspection shall be performed only by persons of the same gender with the inspected passenger in the special designated premises in airports, satisfying the requirements of sanitary and epidemiological rules and regulations.

      Personal inspection of several passengers shall be prohibited in one premise simultaneously.

      Results of personal inspection shall be drawn up by the act, signed by a person, adopted decision on performance of inspection, by a person performing the inspection, and a passenger.

      7. If upon inspection of cabin luggage, luggage and personal inspection of a passenger, the substances and subjects, prohibited to carriage on civil aerial vehicles were not detected, the civil servants of airport and airline carriers, as well as other persons, performing inspection shall be obliged to adopt necessary measures, ensuring departure of a passenger by the flight, on which he (she) have a ticket, or by the next flight.

      In case of refusal of a passenger from the flight or from continuation of the flight by the reason of delay with departure, occasioned by inspection, the airline carrier shall compensate the cost of ticket or its unused part at his (her) request in the manner, provided by the Rules of transportation of passengers, luggage and cargos on air transport.

      8. Inspection shall be carried out in respect of each person and his baggage carried on an aircraft, except for the officials on a special list approved by the Government of the Republic of Kazakhstan.

      9. Procedure and conditions for performance of inspection in controlled area of airport shall be determined by the Rules of aviation security.

      10. Depending on the level of threat established in accordance with the legislation of the Republic of Kazakhstan on countering terrorism, the passengers and persons visiting terminals, the things, held by them, including hand luggage and baggage, are subject to inspection in accordance with the Civil Aviation Security Program of the Republic of Kazakhstan.

      Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Article 108. Certificate of crew team member

      Presenting certificate of crew team member by the persons of aviation personnel during fulfillment of official duties by them shall grant them the right of priority undergoing the inspection in airports. Certificate of crew team member is a pass to the controlled area of airports.

      Issuance of the crew member's certificate to the flight crew, cabin crew, technical support staff providing technical support for flights, and personnel ensuring the safety of the aircraft in flight, after coordination with the national security bodies is carried out in accordance with the Rules for issuance of a crew member's certificate to the flight personnel, cabin crew, technical support staff providing technical support for flights, and personnel ensuring the safety of the aircraft in flight, approved by the authorized body in the field of civil aviation.

      Footnote. Article 108 as amended by the Law of the Republic of Kazakhstan dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after the day its first official publication).

Chapter 15. FINAL AND TRANSITIONAL PROVISIONS Article 109. Responsibility for violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity

      Violation of the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and aviation activity shall entail responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 110. Transitional provisions

      1. Airline carriers, created before enforcement of this Law shall be obliged to introduce the relevant amendments in their constitutive documents within one year from the date of enforcement of this Law.

      2. In case of non-fulfillment of requirement of paragraph 1 of this Article by airline carriers, the authorized body in the scope of civil aviation shall revoke the air operator certification of civil aerial vehicles no later than three months from the date of expiration of the term, established by paragraph 1 of this Article.

Article 111. Order of enforcement of this Law

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, with the exception of the items from two to six of paragraph 3 of Article 16, that enter into force upon expiry of six months after its first official publication.

      2. Shall be deemed to have lost force from the date of enforcement of this Law:

      1) Law of the Republic of Kazakhstan dated 20 December 1995 “On use of air space and aviation activity of the Republic of Kazakhstan” (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1995, No. 23, Article 148; Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 321; No. 24, Article 338; 2002, No. 15, Article 147; 2003, No. 10, Article 54; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 8, Article 52; No. 9, Article 67; No. 18, Article 143; No. 20, Article 152; 2009, No. 18, Article 84; 2010, No. 5, Article 23);

      2) Law of the Republic of Kazakhstan dated 15 December 2001 “On state regulation of civil aviation” (Bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 23, Article 320; 2004, No. 23, Article 142; 2005, No. 7-8, Article 23; 2006, No. 24, Article 148; 2007, No. 2, Article 18; No. 9, Article 67; No. 18, Article 143; 2009, No. 18, Article 84; 2010, No. 5, Article 23).

The President


of the Republic of Kazakhstan

N. Nazarbayev